Allowed

Canara Bank v. Smt. Manne Aruna Jyothi.

DRT13 Aug 2025OA/385/2025

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an application filed by Canara Bank for recovery of home loan dues. The defendants were served by paper publication and heard ex parte. The Tribunal held the defendants jointly and severally liable to pay the claimed amount with interest and costs, based on the evidence affidavit and marked documents.

What did the court decide?

Defendants jointly and severally liable to pay Rs.47,60,427.05 with future interest. Bank entitled to proceed against mortgaged property and defendant's properties. Recovery Certificate issued.

Canara Bank versus Smt. Manne Aruna Jyothi. — Banking and Recovery | DRT (2025)

¶1

IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD DATED THIS THE 13TH DAY OF AUGUST, 2025

¶2

PRESENT: SH. RAMESHWAR KOTHE, B.COM., L.LB.^(HONS.), M.A. PRESIDING OFFICER

¶3

ORIGINAL APPLICATION No: 385 OF 2025

¶4

Canara Bank., La lapet Branch at 72-5-29 1't Floor South Lalaguda, Lalapet Tarnaka, Secunderabad, Hyderabad-5000 17. Rep. by its Authorized Signatory.

¶5

.....Applicant.

¶6

Versus

¶7

Smt. I4anne Aruna lyothi W/o. lvl. Chandra Sekha r Flat No.301, Plot No,119/A, VL Nilayam Tiruma la nagar, Secunderabad Tela ngana - 500047.

¶8

Sri. Nlanne Chandra Sekar S/o. M.Balakrishna, Flat No.301 Plot No.119/A, VL Nilayam Tirumalanagar, Secunderabad Telangana - 500047. ... Defendants

¶9

: M/s.Chavan & Associates Counsel for the Applicant Defendants : Ex-pa rte

¶10

:: ORDER ::

¶11

The Applicant Bank flled the present OA for the recovery a total sum of Rs.41,60,427.Osps towards Home Loan Facility A/c.No.7286627000003 from the defendants jointly and severally with future interest @9.750lo p.a. along with 29o penal )-

i^\i\ ,f.r

oA.NO.38s/202s

interest from 07.04.2025 till the date of realization along with costs and in default for sale of OA schedule property.

¶16

Summons served on D1 and 2 through paper publication. They were set ex-parte on 30.07.2025 as called absent and no rePresentation.

¶17

The Applicant Bank examined Gulab pathak, Senior Manager, as AW-1 and marked 17 documents through him as Ex. A.1 to Ex. 4.17 .

¶18

Ld. Counsel for the Applicant Bank reported orders may be passed through merits. perused the material placed on record.

¶19

The point that arises for consideration is:_

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Whether the Applicant Bank is enti ed for the claim made in the OA against the Defendants and OA schedule property?

¶21

As stated supra, the Defendants remained ex_parte. The Evidence Affidavit coupled with the recitals in the documents viz., Exs. A.1 to A.17 marked on behalf of the Appticant Bank clinches the claim of the Applicant Bank against the Defendants. Hence, I hold that the Defendants are joinuy and severally liable to pay the OA claim to the Applicant Bank with future interest and costs.

¶22

In the result, the present Original Application No.385/2025 is allowed as under: -

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i) The Defendants are joinfly and severa y liable to pay to the Applicant Bink a sum of Frv^".f ,/^-tt'

¶24

oa.No.385/2025

¶25

Rs-47,60,427 .05ps towards Home Loan Facility A/c. No.12866270OOOO3 with future interest @9.35o/o p.a. simple from the date of application till the date of realization;

¶26

ii) the OA claim is secured by way of mortgage of property described in the schedule annexed to the OA and the applicant bank is entitled to proceed against the same to realise its debt;

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iii) the applicant bank is also entiUed to proceed against the person and properties of defendants for realization of its dues;

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iv) the applicant bank is entiued for the costs.

¶29

The Applicant Bank is directed to file Cost Memo within 2 weeks from the date of receipt of this Order.

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Issue Recovery Certificate accordingly.

¶31

Communicate a copy of this order to the parties concerned. (Dictated to the steno, corrected, siSned and pronounced by me in the open court on this the 13"' Day of AuEUst, 2025).

¶32

ESHWAR KOTHE) PRESIDING OFFICER

Canara Bank v. Smt. Manne Aruna Jyothi.

Case brief

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What did the court decide?

Canara Bank v. Smt. Manne Aruna Jyothi.

Case brief

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