Allowed

Hdfc Bank Ltd. v. M/S Zain Ac Solutions

DRT9 Jul 2025OA/457/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed HDFC Bank's OA for recovery of a debt sum of Rs.77,76,284.37 from respondents. The bank is entitled to proceed against mortgaged properties and proceeds of defendants.

What did the court decide?

Directing defendants to pay Rs.77,76,284.37 with future interest; OA claim secured by mortgage proceeds and defendants' personal properties; costs awarded.

Hdfc Bank Ltd. versus M/S Zain Ac Solutions — 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 O9TH DAY OF JULY,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: 457^{OF 2024}

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HDFC Bank Ltd., Department For Special Operations H.No.6-3-246 &. 6-3-244 / A, 4rH Floor, Desk No.0196, Roxana Palladium, Road No.1, Banjara Hills,^(Besides Virinchi^Hospital), Hyderabad District - 500034. Rep. by its Authorized Signatory.

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.....Applicant.

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Versus

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M/s.Zain AC Solutions., Rep by its Proprietor Abdul Baji Baba Sha ik H.No. 16-11-16/N/1/6, Prashanth Nagar, Hyderabad - 500036 Telanga na State.

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Also at:M/s. Zain AC Solutions., Rep by its Proprietor Abdul Baji Baba Shaik H.No. 16-11-17/9/4, Saleem Nagar Colony, Ma la kpet, lv'lalakpet Colony Hyderabad - 500036, Telangana State.

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Mr.Abdul Baji Baba Shaik S/o.Shaik Haffez, Age 45 Years Occ: Business, H. No.1- 151/ 1 Muslim Bazar, Near X Road Kodad, Nalgonda District - 508206 Telangana State.

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Mrs. Mohammed Asia W/o. lvlr.Abdul Baji Baba Shaik A9e 33 Years, Occ: Business

.^iY.i'''-'

oa.No,457 12024

H.No.1-151/1, Muslim Bazar, Near x Road, Kodad, Nalgonda District - 508206, Telangana State.

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Also at:-

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Mrs. Mohammed Asia W/o. Mr.Abdul Baji Baba Shaik Age 33 Years, Occ: Business H.No.15U1, Muslim Bazar, Nea r x Road, Kodad, Nalgonda District Telangana State - 508206.

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... Defendants

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Counsel for the Applicant : M.V. KINI

Defendants

: Ex-parte

:: ORDER ::

The Applicant Bank filed the^present OA for the recovery a total sum of Rs.71,76,284.31ps as on 31.08.2024 from the defendants^jointly and severally with future interest @18yo^p.a. from the date of application till the date of realization along with costs and in default for sale of OA schedule^properties.

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Summons served on D1 to 3 through^{paper publication.} They were set ex-parte on 27.03.2025 as called absent and no representation.

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The Applicant Bank examined Srikanth Sukhivasi,^Senior Manager, as Aw-1 and marked 32 documents through him as Ex.A.1 to Ex.A.32.

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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:-fu519

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oA.NO.4s7 /2024

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Whether the Applicant Bank is entiued for the ctaim made in the oa igu-iii the Defendants ano oa nvpotniite) assets?

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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.32 marked on behalf of the Applicant Bank crinches the craim of the Appricant Bank against the Defendants. Hence, I hold that the Def€ to pay the oA ca m ," ,']'^il:.":::';"1'l';,:; iljj'll,:::; and costs.

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In the result, the present Original Application No.4S7/2024 is

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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.77,76,284.37ps as on 31.08.2024 with future interest @11olo 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 descrlbed in the schedule annexed to the OA and the applicant bank is entitled to proceed against the same to realise its debu

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

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iv) the applicant bank is entifled for the costs. Ow'"u

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oA.NO.457/2024

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B. 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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10.^{communicatea copv of this order .t:^I:^.:3H?,t,,t"oll!""t1it;,,,} "" (Dictated to the^{steno' corrected'signedand pronoun(} ihi, ,h"^{og'nDaY of JulY' 2025)} ,^.4

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,^.4 ,'ffi-,.$u' (RAFTESHWAR KOTHE) PRESIDING^OFFICER

Hdfc Bank Ltd. v. M/S Zain Ac Solutions

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd. v. M/S Zain Ac Solutions

Case brief

What is this about?

What did the court decide?

What the court decided

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