Allowed

Bank of India v. Smt. Deepa Agarwal

DRT7 Jul 2025OA/505/2023

Case brief

AI extract

What is this about?

The DRT-II at Hyderabad allowed an original application filed by Bank of India for recovery of a loan debt of Rs. 87,17,837.20 along with interest and costs against a sole defendant who appeared ex-parte.

What did the court decide?

Defendant to pay Rs. 87,17,837.20 plus interest; bank entitled to proceed against schedule property and defendants' properties for recovery; costs awarded.

Bank of India versus Smt. Deepa Agarwal — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD DATED THIS THE OTTH DAY OF JULY, 2025 PRESENT: SH. RAMESHWAR KOTHE, B.Com., L.LB. (Hons.), M.A. PRESIDING OFFICER

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ORIGINAL APPLICATIoN No: 505 oF 2023

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Bank of India., Khairatabad Branch Ground Floor, m Buildings AC Guards, Masab Tank Hyderabad - 500004. Rep. by its Constituted Attorney.

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.....Applicant.

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Versus

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Smt. Deepa Agarwal Wo.Sri. Vikesh Kumar Agarwal Aged about 40 Years, Occ: Business Resident of^plot No.B-44, cround Floor Sri Sadguru Nilayam, Raghavendra Colony Road No.1, Suchitra, euthbullapur Mandal Medchal - Malkajgiri District - 500067.

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House No.37-74127/AlC - IO3 Plot No.C - 103, Muthyat Rao Co-operative Housing Society, Malkajgiri JJ Nagar Colony, Mechal Malkajgiri District.

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... Defendant

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Counsel for the Applicant

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Defendant

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M/s. K.V. Nageswa ra Rao

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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.87,17,837.20ps towards Loan A/c. No. ryr--)''c

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oA.NO.s05/2023

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860975110000565^{from the defendant with futureinterest} @9.600/o^{p.a. compounded with monthly rests incluslveof 2olo} penal interest from^{the date of applicationtill the date of} realization along^{with costs and in default for sale of OA} schedule ProPerty.

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Summon^{served on sole} defendant^{throughpaperpublication} 30.07.2024^{as called absent and no}

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and was set^ex-parteon representation.

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The Applicant^{Bank examinedB Anu Sree, Officer' as AW-1and} marked 17^{documentsthrough her as Ex A l to Ex'A 17'}

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Ld. Counsel^{for the Applicant Bank stated orders may be passed} on merits.^{Perusedthe 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^{madein the OA against} the Defendant and^{OA schedule} property?

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As stated supra,^{the Defendant remainedex-parte' The} Evidence Affidavit^{coupledwith the recitalsin the documents} viz., Exs.A.1 to^{A.17. marked on behalf of the ApplicantBank} clinches the claim^{of the Applicant Bank agalnstthe Defendant'} Hence, I hold that^{the Defendant is liableto pay the OA claimto} the Applicant Bank^{with future interestand costs.}

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In the result, the^{present OriqinalApplication No.505/2023is} allowed as under: - 'V)Yttt^)"' U^6.o-l'-

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oA.NO.s05/2023

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i) The Defendant is liable to pay to the Applicant Bank a sum of Rs.87,17,837.20ps towards Loan A/c. No. 860975110000565 with future interest @8.35olo 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 schedule property described in the schedule annexed to the OA and the applicant bank is entitled to proceed against the same to reallse 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 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 07th Day of July, 2025).

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aw*^

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(RAfiESHWAR KoTHE) PRESIDING OFFICER

Bank of India v. Smt. Deepa Agarwal

Case brief

What is this about?

What did the court decide?

Bank of India v. Smt. Deepa Agarwal

Case brief

What is this about?

What did the court decide?

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