Allowed

Bank of India v. M/S Yashasvi Restuarant and Bar

DRT22 Jul 2025OA/488/2024

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an Original Application by Bank of India against five defaulters. The court held defendants jointly and severally liable to repay the loan amount with future interest and costs based on ex-parte evidence.

What did the court decide?

Defendants made to pay Rs.24,14,623.71 with future interest and costs; Recovery Certificate issued.

Bank of India versus M/S Yashasvi Restuarant and Bar — Contract and Commercial Disputes | DRT (2025)

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IN THE DEBTS RECOVERY^{TRIBUNAL-I] AT HYDERABAD}

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DATED THIS THE 22NO^DAY OF^{]ULY, 2025}

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PRESENT: SH, RAIYESHWAR^{KOTHE,B.COM', L.LB. (HONS.),IV,t'A.}

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PRESIDING OFFICER

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Original Application No:^{488 OF 2024}

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Ban k of India., Secunderabad Bra nch Ground Floor, l'4a hatma Gandhi Road, Secunderabad, Hyderabad Telangana - 500003.

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Rep. by its Authorized Signatory.

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..Applicant

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Versus

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M/s. Yashasvi Restaurant and^Bar Proprietary Concern of Sri. Narendar Dommati, H.No.5-2-156/11, Vempet Road, Metpally Town and Mandal Jagityal District - 50532 5. Rep by its Proprietor Sri.Narendar Dommati.

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Sri. Na rendar Dommati

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S/o. Sri. Dharmapuri Dommati Age 45 Years, Occ: Business Prop. M/s.Yashasvi Restaurant & Bar H.No.3-62, Pa idimadugu Village Korutla Ma nda l, lagitiyal District.

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Sri. Rajender Bodla, S/o. Sri. Lingalah Age 44 Years, Occ: Business H.No.2-3-228, Dubbawada, Metpally Jagityal District - 50532 5,

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Also at:-

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Door No.2-105/2/A, lvlain Road 14etpa lly Village & Mandal Jagityal District - 505325.

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Sri. Su ndeep Bollineni S/o. Sri Pradip Medhi, A9e 36 Years occ: Business,^partner of .{,rrsa7_,.r-1r

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OA.No.488/2024

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M/s. The Brew Cafe Restaurant & Bar R/o.Flat No.305, VIp Hills, Ayyappa Society, Madhapur, Hyderabad - 500036.

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Also at:10, Sri Lakshmi Nivas, 7th Main M V Nagar, Ramamurthy Nagar Bangalore - 560016.

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Sri. Raj Kumar Medhi, S/o.Sri pradip Medhi Age 36 Years, Occ: Business, partner of M/s. The Brew Cafe Resturant & Bar H.No. 8-2-6031308/A, Road No.10 Banjara Hills, Hyderabad - 5OOO34.

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Also at:-

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H.No.53, Bakul Path, Jalukbari Guwahati, Assam State - 7BL0l4.

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...... Defendants

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Counsel for the Applicant M/s. B.Ravindra Reddy

Defendants

Ex- pa rte

:: ORDER ;:

The Applicant Bank filed the present OA for the recovery of a sum of Rs.24,14,623.71ps as on L4.L0.2024 towards Loan A/c, No. 860320110000751 from the defendants joinfly and severally with future interest @18.75olo p.a. from the date of application till the date of realisation along with costs.

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Summons served on D1, 4 and 5 through paper publication, whereas summons served on D2 and 3. They were set ex-parte on 02.04.2025 as called absent and no representation.

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The Applicant Bank examined B.Vani Vaidehi, Senior Manager as AW-1 and marked A.1 to Ex. A.19. (..9

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oA.No.488/2024

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Ld. Counsel for the Applicant Bank stated orders may be passed on merits and 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?

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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.19 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.488/2024 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.24,14,623.71ps as on L4.10.2024 towards Loan A/c.No.860320110000751 with future interest @10.560/0 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 person and properties of the deFendant for realization of its dues;

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iii) 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 Order. Mr"

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OA.No.488/2024

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Issue Recovery Certificate accordingly. 10. Communicate a copy of this order to the parties concerned. (Dictated to the steno., transcribed by him, corrected, iigned and pronounced by me in the open court on this the 22"d day of July, 2025).

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PRESIDING OFFICER

Bank of India v. M/S Yashasvi Restuarant and Bar

Case brief

What is this about?

What did the court decide?

Bank of India v. M/S Yashasvi Restuarant and Bar

Case brief

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What did the court decide?

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