Allowed

Hdfc Bank Ltd., v. Chintareddy Raja Gopal Reddy

DRT31 Jan 2025OA/505/2022

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed the bank's application for recovery of a loan amount of Rs. 21.87 lakh plus interest against the defendants, holding them jointly and severally liable based on ex-parte proceedings and documentary evidence.

What did the court decide?

Order allowed; Defendants directed to pay Rs. 21,87,823.99 with future interest @10.05% p.a.; Recovery Certificate issued.

Hdfc Bank Ltd., versus Chintareddy Raja Gopal Reddy — Banking and Recovery | DRT (2025)

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]N THE DEBTS RECOVERY TRIBUNAL-I] AT HYDERABAD

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DATED THIS THE 31ST DAY OF JANUARY, 2025

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PRESENT: SH. RAMESHWAR KoTHE, B.com., L.LB. (HonS,), M.A. PRESIDING OFFICER

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ORIGINAL APPLTCATTON No: 505 OF 2022

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H DFC Bank Ltd., Having its office at Bank House # 6-3-246 & 6_3_2441A, 6th Ftoor, Roxana^palladium, Road No.1,

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Banjara Hi s, Hyderabad - SOOOS+. Rep. by its Authorized Signatory.

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.....Applica nt.

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Versus

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Mr.Chintareddy Rajagopal Reddy,

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S/o.Madhusudhan Reddy, Aged about 54 years, Occ: Farmer,

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R/o.H.No.6-95, Etoor Vi age, Thirumalgiri t\4andal, Nalgonda Dist_508279.

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lvlrs.Chintareddy Vasumathi,

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Wo.Madhusudhan Reddy, Aged about 72years, Occ: Housewife,

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R/o.H. No.6-95, Etoor Vi age, Thirumalg iri Mandal, Nalgonda Dist-508279.

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Mr.Chillara Venka n na, S/o.Avilaiah, Aged about 40^years, Occ: Business, R/o. H. No.1-39/1, Etoor Village, Thiruma lgiri Mandal, Nalgonda Dist-508279. ...Defendants

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Counsel for the Applica nt : Mr.M.Srinivas Reddy

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Defendants

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: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.21,87,823.99ps from the defendants jointly and h--,.o J,' $'

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oA.NO.50s/2022

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severally^{with @ 11olo & 120lop'a' from19'05'2022(cash credit} & DOD^{loan facilities) the statement date to the dateof} award/decree^{and thereafter@18o/o P'a' compoundedwith} monthly^{rests from the date of applicationtill the date of} realization^{along with costs and in default for sale of OA} schedule ProPerties'

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Summons^{servedon D1 through paper publication' whereas} summons served^{on D3' They were set ex-parte on 21'08'2024} as called^{absent and no representationApplicant counsel filed} a memo^{statingD1 is the LR of deceasedD2'}

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The Applicant^{Bank examined D suresh' DeputyLegal Manager'} as AW-1^{and marked 11 documents through him as Ex' A'1 to} Ex. A.11.

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Ld. Counsel^{for the Applicant Bankreported orders may be} passed through^{merits. Perused the materialplaced on record'}

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The^{point that arises for considerationis:-}

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Whether the^{Applicant Bank is entitled} for the claim^{made in the OA against} the Defendants^{and OA schedule} proPefties?

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As stated supra,^{the Defendants remained ex-parte The} Evidence Affidavit^{coupledwlth the recitalsin the documents} viz., Exs.A.1 to^{A.11 marked on behalf of the Applicant Bank} ctinches the claim^{of the Applicant Bank against the Defendants'} Hence, I hold that^{the Defendantsare jointlyand severallyliable} to^pay the OA^{claim to the Applicant Bank with futureinterest} \A\A.1_... <-

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and costs. ,.1,//,//tx'^'

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oA.NO.s0s/2022

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In the result, the present Original Application No.505/2022 is allowed as under: -

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i) The Defendants 1 and 3 are joinUy and severally liable to pay to the Applicant Bank a sum of Rs.21,87,823.99ps with future interest @10.05o/o 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 proceed against the same to realise its debt;

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iii) the applicant bank is also entitled 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.

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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 this order to the parties concerned. (Dictated to the steno, corrected, signed and pronounced by me in the open court on this the 31't day ofJanuary, 2025).

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'^t''',...

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-""(RAMESHWAR KOTHE) PRESIDING OFFICER

Hdfc Bank Ltd., v. Chintareddy Raja Gopal Reddy

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd., v. Chintareddy Raja Gopal Reddy

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Case details

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