Allowed

Hdfc Bank Ltd. v. M/S. Hyderabad Dental Hospital

DRT23 Jun 2025OA/39/2023

Case brief

AI extract

What is this about?

In this original application dispute under securities-related banking recovery, the Debts Recovery Tribunal allowed the applicant bank's claim for principal, interest, and costs against joint and several defendants, enforcing deprivation of hypothecated vehicle rights and issuing a recovery certificate.

What did the court decide?

Order allowed; Defendants jointly and severally liable to pay Rs.57,87,439.33 with future interest; hypothecated vehicle seized; recovery certificate issued.

Hdfc Bank Ltd. versus M/S. Hyderabad Dental Hospital — Contract and Commercial Disputes | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-II^{AT HYDERABAD}

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DATED THIS THE 23,d DAY OF JUNE,²⁰²⁵

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PRESENT: SH. RAMESHWAR KOTHE,^{B.COM.,L.LB. (HONS'), M.A.}

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PRESIDING OFFICER

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ORIGINAL APPLICATION NO: 39^OF 2023

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HDFC Bank Ltd., Having its office at # 7-10-60/3, 3'd Floor, 34, Suryodaya complex, Begumpet, Hyderabad - 500016, Rep. by its Authorized Signatory.

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.....Applicant.

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Versus

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lY/s. Hyderabad Dental Hospital Rep by its Authorised Signatory R/o. 72-2-823/C/ 33, SBI Colony Mehdipatnam, Asif Nagar, Humayu Nagar, Hyderabad, Telangana - 500028.

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Also at:-

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H. No.4- 1- 1229, Ground Floor Boggulku nta Abids, Hyderabad Telangana - 500001.

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Mr. Nig hat Yasmeen, Rep by its Proprietor R/o. t2-2-823/C/33, SBI Colony Ivlehd ipatna m, Asif Nagar Humayu Nagar, Hyderabad Telanga na - 500028.

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...Defendants

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Counsel for the Applicant

Defendants

: Mr.Srihari Bathina

: Ex-parte

:: ORDER ::

The Applicant Bank filed the^present OA for the recovery a total sum of Rs.57,87,439.33ps towards Loan A/c.Nos.66q87084 & N'tvt'

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oA.NO.39/2023

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96535517 from the defendants jointly and severally with future interest @13.80o/o & 10.01o/o p.a. along with interest @2olo p.m. from the date of application till the date of realization along with costs and in default for sale of hypothecated vehicle.

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Summons served on D1 and 2. They were set ex-parte on 25.04.2023 as called absent and no representation.

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The Applicant Bank examined Y.Nikhila, Legal Manager, as AW1 and marked 03 documents through her as Ex. A.1 to Ex. A.03 and examined Sumaya Shaik, Legal l.4anager, as AW-1 and marked 03 documents through her as Ex. A.4 to Ex. A.06.

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

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The point that arises for consideration is:-

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Whether the Applicant Bank is entitled for the claim made in the OA against the Defendants and OA hypothecated vehicle?

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As stated supra, the Defendants remained ex-parte. The Evidence Affidavit coupled with the recitals in the documents viz., Exs. A.1 to A.06 marked on behalf of the Applicant Bank clinches the claim of the Applicant Bank against the Defendants. Hence, I hold that the Defendants are jointly and severally liable to pay the OA claim to the Applicant Bank with future interest and costs.

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In the result, the present original Application No.39/2023 is ailowed as under: - /fu'**

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oA.NO.39/2023

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i) The Defendants are jointly and severally liable to pay to the Applicant Bank a sum of Rs.57,87,439.33ps towards Loan A/c. Nos. 66087084 & 96535517 with future interest @10.01olo^p.a. simple from the date of application till the date of realization;

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ii) the OA claim is secured by way of hypothecation of vehicle 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 entitled to proceed against the person and properties of defendants for realization of its dues;

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iv) the applicant bank is entitled for the costs.

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B. 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.

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Communicate a copy of this order to the parties concerned. (Dictated to the steno, corrected, signed and pronounced by me in the open court on this the 23'd Day of June, 2025).

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OW*'# (nah(esHweR KorHE) PRESIDING OFFICER

Hdfc Bank Ltd. v. M/S. Hyderabad Dental Hospital

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd. v. M/S. Hyderabad Dental Hospital

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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