Allowed

Canara Bank v. Boya Moolinti Parvathamma

DRT9 Sept 2025OA/397/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's application for recovery of a Kissan Overdraft Loan. The tribunal held defendants liable jointly and severally for the principal, interest, and costs, entitling the bank to proceed against mortgaged properties and defendant assets.

What did the court decide?

Defendants directed to jointly and severally pay Rs.37,40,127/- with future interest; OA claim secured by mortgage properties; entitled to proceed against defendants' person and properties; costs awar

Canara Bank versus Boya Moolinti Parvathamma — Banking and Recovery | DRT (2025)

¶1

IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD DATED THIS THE OgTH DAY OF SEPTEMBER, 2025

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PRESENT: SH. RAMESHWAR KOTHE, B.Com., L.LB. (HonS.), M.A. PRESIDING OFFICER

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ORIGINAL APPLICATION No: 397 OF 2025

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Canara Bank., Adoni-1 Branch, Kurnool District. Rep. by its Manager.

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.....Applicant.

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Versus

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Boya Moolinti Pa rvatham ma W/o. Late Malla ia h Aged lvlajor, Occ: Ag ricultu rist H.No.2/32, Chinna Harivanam Village Adoni - 518308, Kurnool District.

¶8

Boya Moolinti Linganna, S/o.Late lvlallaiah Aged Major, Occ: Agriculturist H.No.2/32, Chinna Hariva nam Village Adoni - 518308, Kurnool District.

¶9

Boya l4oolinti Ramesh, S/o.Late I'lallaiah Aged Major, Occ: Agricu lturist H.No.2/32, Chin na Harivanam Village Adoni - 518308, Kurnool District.

¶10

Boya Moolinti Dattatreya s/o. Late Mallaiah Aged lvlajor, Occ: Agricultu rist H.No.2/32, Chinna Hariva nam Village Adoni - 518308, Kurnool District.

¶11

Boya Moolinti Moorthamma D/o. Late Malla ia h Aged Major, Occ: Agriculturist t1.No.2/32, Chin na Harivanam Village Adoni - 518308, Kurnool District.

¶12

Boya Moolinti l'4a rtha m ma D/o. Late l\4allaiah i* -*

¶13

oA.NO.397/202s

¶14

¶15

Aged Major, Occ: Agricultu rist N.No.2/32, Chinna Hariva nam^Village Adoni - 518308, Kurnool District.

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... Defendants

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Counsel for the Applicant

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: M/s. Dishit Bhattacharjee

Defendants

:Ex-parte

::^qLLE-L ::

The Applicant Bank filed the^{present OA for the recovery a total} sum of Rs.3l,4O,7Z7/- towards Kissan^{OverdraftLoan} A/c. No.0601897000282 from the defendants^jointlyand severally with future interest @12olo^{p.a. compounded monthly} from 11.04.2025 till the date of^{realization along withcosts and} in default for sale of OA schedule^properties'

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Summons served on D1 to 6^{They were set ex-parte on} 25.06.2025 as called absent^{and no representation.}

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The Applicant Bank examined S.Ravikanth,^{Branch Manager,as} AW-1 and marked 41 documents^{throughhim as Ex. A.1 to Ex.} A.41.

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Ld. Counsel for the^{Applicant Bankreported ordersmay be} passed through merits. Perused the material^{placed on record.}

¶26

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 schedule properties? /A r'/ a - oir"'e

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oA.NO.397/2025

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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.l to A.41 marked on behalf of the Applicant Bank clinches the claim of the Applicant Bank against the Defendants. Hence, I hold that the Defendants are join y and severally liable to pay the OA claim to the Applicant Bank with future interest and costs.

¶30

In the result, the present Original Application No.39712025 is allowed as under: -

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i) The Defendants are joinfly and severally liable to pay to the Applicant Bank a sum of Rs.37,40,127 /- towards Kissan Overdraft Loan A/c. No.0601897000282 with future interest @11olo p.a. simple from the date of application till the date of realization;

¶32

ii) the OA claim is secured by way of mortgage of properties 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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The Applicant Bank is directed to file Cost-Memo within 2 weeks from the date of receipt of this oftetfu.\9

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oA.NO.397l2025

¶37

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9. 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 pronouncedbyme in the open court on} this the 09th Day of^{September,2025).}

¶40

,r-) 7 /7\rrw_., .,* / t,,,i // f,4jna,t_t,. (hAlqESHWAR KOTHE) PRESIDING OFFICER

Canara Bank v. Boya Moolinti Parvathamma

Case brief

What is this about?

What did the court decide?

Canara Bank v. Boya Moolinti Parvathamma

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

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Case details

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