Allowed

M/S. Idbi Bank Limited v. M/S. Sam Sunder Engineers

DRT25 Aug 2025OA/485/2024

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed the bank's original application for recovery of a debt of Rs. 25,40,208.37 plus interest and costs against the absent defendants, holding them jointly and severally liable based on the evidence affidavit and marked documents. The relief includes a recovery certificate and the right to proceed against immovable property.

What did the court decide?

Defendants jointly and severally liable to pay Rs. 25,40,208.37 with future interest at 18.75% p.a. Bank entitled to proceed against property and issue recovery certificate.

M/S. Idbi Bank Limited versus M/S. Sam Sunder… — 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 25TH DAY OF AUGUST, 2025

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PRESENT: SH. RAMESHWAR KOTHE/ B.Com., L.LB.^(Hons.), lvl.A. PRESIDING OFFICER

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ORIGiNAL APPLICATION No: 485 OF 2024

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M/s. IDBI Bank Limited., Branch Omce at Imran Plaza Plot No.2/B, D.No.8-2-269l11/4, All & A2 Banjara Hills, Hyderabad - 500034. Rep. by lts Power of Attorney Holder.

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.....Applicant.

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Versus

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M/s. Sam Sunder Engineers., Represented by its Partners H.No.1-4-5218, Mohan Kakatiya Apartments, Street No.8, Habsiguda Hyderabad - 500007.

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Also at:-

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M/s. Sam Su nder Engineers., Represented by its Partners H.No.2-20-6/ 6 / 16A11, Ku mmarikunta Chilka Nagar, Uppal lYandal - 500039.

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Also at:-

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M/s. Sam Sunder Engineers., Represented by its Partners H.No.1-7-1516, Plot No.91 & 92 lai Santosh Nagar Colony, Street No.8 Habsiguda, Hydera bad - 500007.

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M r.lanakaiah Yaramala, S/o. Laxmi Narayana, Aged about 42 Years Occ: Business, R/o. Plot No.358, Reddy's Avenue, Road No.34, Nizampet Hyderabad - 500090.

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Mr. Dilip Ponnaganti, S/o.PVHK Ramesh Aged about 38 Years, Occ: Business R/o.Flat No.v408, u"nou,:.%Rlll^.*"

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oA.NO.485/2024

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SVRS Apartments, Saroornagar Hyderabad - 500035.

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Mr. Ponnaga nti Venkata Hanuma Kanaka Ramesh, S/o. Sitarama njaneyulu Aged about 61 Years, R/o.Otd No.6-18 New No.6-60, Near^panchayathi Office Gollapudi Vijayawada Rurat Krishna District - 527225.

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.. . Defenda nts

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Counsel for the Applicant : M/s.V. Suresh Babu

Defendants

: Ex-parte

:: oRDER ::

The Applicant Bank filed the present OA for the recovery a total sum of Rs.25,40,208.37ps from the defendants join y and severally with future interest @180/o p.a. with monthly rests from the date of application till the date of realization along with costs.

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Summons served on D1 to 3 through paper publication, whereas summons served on D4. They were set ex-parte on 79,02.2025 as called absent and no representation.

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The Applicant Bank examined Sreenivas Somisetty. General Manager, as AW-1 and marked 33 documents through him as Ex. A.1 to Ex. A.33.

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Heard the Ld. Counsel for the Applicant Bank. perused the material placed on record.

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The point that arises

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oA.NO.485/2024

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

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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.33 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.485/2024 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.25,40,208.37ps with future interest @ll.75o/o^p.a. simple from the date^of application till the date of realization;

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ii) the applicant bank is also entitled to^proceed against the immovable^property described in schedule annexed to lA 448/2025 and attached vide order dated 17.07.2025 to realise its debt;

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iri) the applicant bank is also entitled to^proceed against the person and properties of defendants for realization of its dues;

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entitled for the costs. iv) the applicant bank is

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oA.NO.485/2024

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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 according ly.

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Communicate a copy of thjs order to the parties concerned. (Dictated to the steno, corrected, signed and pronounced by me i;th" op"n ioru on this the 2srh Day of August, 2025).

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ffixv SHWAR KOTHE) PRESIDING OFFICER

M/S. Idbi Bank Limited v. M/S. Sam Sunder Engineers

Case brief

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M/S. Idbi Bank Limited v. M/S. Sam Sunder Engineers

Case brief

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