Allowed

Canara Bank v. Boya Moolinti Parvathamma

DRT9 Sept 2025OA/434/2025

Case brief

AI extract

What is this about?

Debts Recovery Tribunal-I at Hyderabad decided an original application by Canara Bank for recovery of an agricultural term loan. Deciding ex-parte, the bench held defendants jointly and severally liable for the debt, interest, and costs, and allowed recovery from secured mortgaged properties.

What did the court decide?

Defendants jointly and severally liable to pay Rs.27,82,832/- plus interest; OA claim secured by mortgage of schedule properties; recovery certificate issued.

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

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD

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DATED THIS THE O9TH 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: 434 OF 2025

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Canara Bank.,

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Adon i- 1 Branch, Kurnool District. Rep. by its Manager.

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.....Applicant.

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Versus

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Boya Moolinti Parvatha mma w/o. Late Mallaiah Aged Major, Occ: Agriculturist f,.No.2l 32, Chinna Harivanam Village Adoni - 518308, Kurnool District.

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Boya Moolinti Jyothi, W/o.Sri Srinivasulu Aged Major, Occ: Agriculturist H.No.2/32, Chinna Hariva nam Village Adoni - 518308, Kurnool District.

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Boya Moolinti Padmavathi W/o. Late [4a llaiah Aged Major, Occ: A9 ricu lturist H.No.2/ 32, Chinna Harivanam Village Adoni - 518308, Kurnool District.

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

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Boya f4oolinti Moorthamma D/o. Late Ma llaia h

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Aged lvlajor, Occ: Agricultu rist H.No.2/32, Chinna Harivanam Villaqe Adoni - 518308, Kurnool District.

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Boya Moolinti Dattatreya ^ s/o. Late Mailaiah

oA.NO.434/202S

Aged Major, Occ: Agriculturist H.No.2/ 32, Chinna Harivanam Village Adoni - 518308, Kurnool District.

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Boya Moolinti Linganna, S/o.Late Mallaiah Aged [4ajor, Occ: Agriculturist H. No.2/32, Chinna Harivanam Village Adoni - 518308, Kurnool District.

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Boya lvloolinti Marthamme D/o. Late Ma llaia h Aged Major, Occ: Ag ricu lturist H. No.2/32, Chinna Harivanam Village Adoni - 518308, Kurnool District.

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. .. Defendants

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Counsel for the Applicant Defendants

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lvl/s. Dishit Bhattacharjee Ex-parte

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:: ORDER ::

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The Applicant Bank filed the present OA for the recovery a total sum of Rs.27,82,832/- towards Agricultural Term Loan A/c. No.0601856002411 from the defendants jointly and severally with future interest @15.70olo p.a. compounded monthly from 77.04.2025 till the date of realization along with costs and in default for sale of OA schedule properties.

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Summons sent to D1 to 8 returned with endorsement refused hence, deemed to be served. They were set ex-parte on 25.06.2025 as called absent and no representation.

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3, The Applicant Bank examined S.Ravikanth, Branch lv'tanager, as AW-1 and marked 19 documents through"her as Ex. A.1 to Ex, A. 19. ,X'Y/"o,.{ -^-oq'"'

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oA.NO.434l2025

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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 schedule properties?

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As stated supra, the Defendants remained ex-parte. The Evidence Affidavit coupled wlth the recitals in the documents viz., Exs.A.1 to 4.36 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.43412025 is allowed as under:^-

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i) The Defendants are^jointly and severally liable to pay to the Applicant Bank a sum of Rs.27,82,832/- towards Agricultural Term Loan A/c. No.0601856002411 with future interest @13.2570 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 mortgage of properties described in the schedule annexed to the OA and the applicant bank is entitled to oroceed aoainst the same to rearise its o"or,Vft*e

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oA.NO.434/2025

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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 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 09th Day of September, 2025).

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,/fl*^ -z -tet , ''^{( '/} /'--'<A')Y-^{-r^''-"} IRAMESHWAR^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?

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