Allowed

Bank of Baroda v. Mrs.Asma Begum

DRT25 Mar 2025OA/413/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's original application for recovery of Rs. 29,33,667 with interest against an absent defendant, securing the claim against a hypothecated vehicle.

What did the court decide?

Defendant to pay Rs. 29,33,667 with interest; claim secured by hypothecated vehicle; bank entitled to proceed against properties; recovery certificate to be issued.

Bank of Baroda versus Mrs.Asma Begum — Banking and Recovery | DRT (2025)

¶1

IN THE^{DEBTSRECOVERYTRIBUNAL'IIAT HYDEMBAD} DATED^{THIS THE 25th DAY OF MARCH' 2025}

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PRESENT:^{sH. RAMESHWAR#RI|&F,.#''L'LB' (Hons')' M'A'}

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ORIGINAL^{APPLICATION No: 413 OF 2024}

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M/s.Bank of^Baroda., Ameerpet^Branch, Situated at^{No.6 & 7,} D.No.6-3-853/1.^{MeridianPlaza,} Ameerpet, Hyderabad,^{Telangana-500016'} Rep' by its Branch Manager'

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""'Applicant'

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Versus

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Mrs.Asma Begum, C/o.Sri Mubarak Bin Mohammed, Aged 34 Years, Occ: Business, R/o.Plot No.9, Sy.No./A, Sough Bowli, Upper Pally, K.V Ranga Reddy, Telangana - 500048.

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...Defendant

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: M/s.M.Srinivas Counsel for the Applicant Defendant : Ex-Parte

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:: 9LLL& ::

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The Applicant Bank filed the^present OA for the recovery a total sum of Rs.29,33,667/- from the defendant with future^interest @ 11,35olo^p.a. from the date^{of applicationtill the date of} realization along with costs and in default for- sale^of hypothecated vehicle.

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oa-No.411/2024

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Summon served on sole defendant and was set ex-parte on 10.01.2025 as called absent and no representation.

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The Applicant Bank examined G.Simhachalam, Branch Manager, as AW-1 and marked 12 documents through him as Ex.A.1 to Ex. A. 12.

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Ld. Counsel for the Applicant Bank stated orders may be passed on 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 Defendant and OA hypothecated vehicle?

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As stated supra, the Defendant remained ex-parte.^The Evidence Affidavlt coupled with the recitals in the^documents viz., Exs.A.1 to A.09 marked on behalf of the^{ApplicantBank} clinches the claim of the Applicant^{Bank againstthe Defendant.} Hence, I hold that the Defendant is^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.41312024 is} allowed as under:^-

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i) The Defendant is liabie to^pay to^the Applicant Bank a sum of Rs.29,33,667l-^with future interest @10.540lo^p.a. simple^{from the} date of application till the date of^realization; OY*"

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oA.NO.413/2024

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ii) the OA claim is^{secured bY way of} hypothecation of^{vehicle described in the} schedule annexed^{tothe OA and the} applicant bank^{is entitledto proceedagainst} the same to^{realise its debt;}

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iii) the applicant bank^{is also entitled to proceed} against the^{person and propertiesof} defendants for^{realization of its dues;}

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iv) the applicant bank^{is entitledfor the costs'}

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The Applicant Bank is directed to^{file Cost Memo within2 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,^{signedand pronouncedbyme in the open court on} this the 25th^Day of^{March, 2025).}

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Vi*^- ^r)-h ')-9!''-(RAI'IESHWAR KOTHE) PRESIDING OFFICER

Bank of Baroda v. Mrs.Asma Begum

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. Mrs.Asma Begum

Case brief

What is this about?

What did the court decide?

What the court decided

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