The DrT allowed an application filed by a bank for recovery of a loan amount of Rs.65 lakhs plus interest against three respondents, who were co-borrowers and guarantors, after they appeared ex parte.
Order to pay Rs.65,99,729/- with interest at 14.90% p.a.; permission to proceed against hypothecated/mortgaged properties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY TRIBUNAL.I AT HYDERABAD
DATED THrs THEgrH DAy oF ApRrL, 2o2s
PRESENT: SRI GUMMADI GOPICHAND, PRESIDING OFFICER
OA.No.364 ol 2024
Between:
Indian Overseas Bank, Vallabhi branch, Khammam District, Telangana State. Rep by its Branch Manager
Applicant
VERSUS
aged major, occ: business,
H. No. 2-39, Pedamandava Village, Mudikondamandal,
Khammam district - 507 169.
Khammam district - 507 169.
iPR flts*:, 4. s/o Mr. Yadlapally Gopal Sri Kotaiah, aged major,Rao, ;-;'r'i occ: business, H. No. 2-39 , -!i:, -:l; ,.:l. vrlt.- !i. \ ,raFl,,:i:',' -:<)'a:1 ..,. Pedamandava Village, .-iiij.:1r. '-.'.. i' Mudikondamandal, iid : .' Khammam district - 507 169. Defenda nts
(oA, No.364/2024)
Counsel for theparties: For the Applicant For the Defendants
Sri DishitBhattacharjee
Expa rte
ORDER
2' As per the averments in the apprication, the Appricant Bank states that defendant No.1 is a borrower and defendant no.2 is co_ borrower who avaired term roan facirity of Rs.27.00 rakhs and KCC crop loan facility of Rs.3.0O lakhs on 24.08.202t against hypothecation of 100 EMU birds, machinery and poultry equipment and equitable mortgage of immovable properties. Defendants 3 & 4 stood as guarantors. To secure roan facirities the defendants 1 to 3 deposited their tifle deeds with intention to create equitabre properties. Subsequently, defendant no.1 mt," rJ:\ \ .BlN the loan facitities, the defendants faited to .l-i, cbmplg #hfoff9qt oft -,,\hnction, hence the appticant bank was
2
(OA. No.364/2024)
constrained to crassify the account as NpA and issued regar notice dated 13.06.2024. Inspite of several requests and demands, the defendants did not clear the outstanding. Hence this OA.
marked as Ex.A.1 to A.18.
entitled for the claim made in the OA against the Defendants as
prayed for?
futu is allowed with costs, as under: B. " ils;;,ffi" I I rpp sUl
(oA. No.364/2024)
(Drctated to the P.A., transcribed by her, corrected, stgned and pronounced by me in the open court on ,2025)
lPF fiifi
sd/_ (c. GoPtcHAND) - PRESIDING OFFICER rRuEgoPl ^.t':',WPt7
1 issue framed by the court
Whether the Applicant Bank is entitled to recover the claimed amount along with interest?
1 provisions across 1 enactments
Indian Overseas Bank, Vallabhi branch
Yadlapalli Ramanadham
Mrs. Yadlapalli Pichamma
Yadlapalli Srinivasa Rao
Gummadigopichand
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
