Allowed

Bank of Maharashtra v. Challa Himaja

DRT17 Dec 2025OA/534/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the Bank of Maharashtra's application for recovery. The defendants were absent, and based on submitted documents, the court declared them jointly and severally liable for the housing loan amount with future interest and costs.

What did the court decide?

Directing defendants to pay Rs.4,03,97,645 with future interest @9.30% p.a.; issuance of recovery certificate; bank entitled to proceed against mortgaged property.

Bank of Maharashtra versus Challa Himaja — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-II^{AT HYDERABAD} DATED THIS THE 17TH DAY OF DECEMBER, 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: 534 OF 2025

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Bank of Maharashtra., Kukatpally, Hydera bad, TS. Rep. by its Authorized Signatory.

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.....Applicant.

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Versus

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Ivlrs. Challa Himaja, W/o. Sri Battula Surya Vishal, Sex: Female, Aged 34 Years, Occ: Dentist, H.No.10-3-848 /^F /201,^25612Rf ,^{Neela Kanta} Residency, Vijaya naga r Colony Masab Tank, Hyderabad - 500057 Telanga na State.

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Also at:-

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14rs. challa Himaja, w/o. sri Battula Surya Vishal, H. No.10-3-761/4 Sathapathy Towers, Vijay^Nagar Colony Masab Tank, Hyderabad - 500057 Tela ngana State.

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Also at:-

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Mrs. Challa Himaja, W/o. Sri Battula Surya Vishal, H.No. SCB No.6-43-033 Plot No.2, Sy.No.B5, Anand^Nagar Colony New Bowenpally, Chinna Thokatta Secunderabad Cantonment Telangana State - 500011.

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Also at:-

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Mrs. Challa Himaja, W/o. Sri Battula Surya Vishal, R/o. Flat^No.201 2nd Floor, Spacio Kashyapa Nilayam Banjara Hills, Hyderabad - 500034 Tela ngana State. i\i'r.. '

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oA.NO.534/2025

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Mr. Battula Surya Vishal S/o. Sri Sathyanarayana Battula H No 13 3_848/Fl21t,2s6l2Rr, Neeta ^.dnLd^{xestoency, Vijayanagar} Colony rvlasab Tank, Hyderabad _ EoOosz tetangana State.

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Also at:Mr. Battula Surya Vishal S/o. Sri Sathyanarayana Battula ri-No.1.0-3-761l4, Sathapathy Towers vrjay Nagar Colony, I.4asab Tank Hyderabad - 500057, Telangana State.

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Also at:Mr. Battula Surya Vishal S/o. Sri Sathyanarayana Battu ta H,No. SCB No.6_43_033, Ptot No.2 5y. No.85, Anand Nagar Colony New Bowenpally, Chin na Thokatta Secunderabad Cantonment Telangana State - 5O0O 11.

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Also at:Mr. Battula Surya Vishal S/o. Sri Sathyanarayana Battu la R/o. Flat No.201,2"d Floor, Spacio Kashyapa Nilayam, Banjara Hills Hyderabad _ 5OOO34, T;langana State.

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... Defendants

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Counsel for the Applicant Mr.Momin Mohammed Rafiq Defendants

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Ex-parte

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The Applicant Bank filed the present oA for the recovery a total sum of Rs.4,03,97,645/ _ towards Housing Loan Facility from the defendants joinfly and severally with future interest @9.30% p.a. with monthly rests along with penat interesg 62o7o

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oA.NO.534/202s

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p.a. from the date of application till the date of realization along with costs and in default for sale of OA schedule^property.

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Summons served on D1 and 2. They were set ex-parte on 08.09.2025 as called absent and no representation.

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The Applicant Bank examined K V S Sastry, Chief Manager, as AW-1 and marked t4 documents through him as Ex. A.1 to Ex. A.14.

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Heard the Ld. Counsel for the Appllcant Bank. Perused the materia I placed on record.

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The point that arises for consideration is:Whether the Applicant Bank is entitled for the claim made in the OA against the Defendants and OA schedule property?

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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.14 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.534/2025^is allowed as under:^- i) The Defendants are^jointly and severally liable to^pay to the Applicant Bank a sum of

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oA.NO.s34l2025

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Rs.4,O3,97,645/_ towards Housing Loan Facility; with future interest @9.30olo 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 property described in the schedule annexed to the OA and the applicant bank is entiued 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 entiHed 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.

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Issue Recovery Certincate accordingly.

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Ci. mmxnicate a copy of this order to the parties concerned. this the {urctated r7.h to Day the of steno, corrected, oel#;;';;;;)"'* sisned a^{.*,ronouncedby me in the open} court on

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Nto -^"

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(RAMESHWAR KOTHE) PRESIDING OTTTCPP

Bank of Maharashtra v. Challa Himaja

Case brief

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Bank of Maharashtra v. Challa Himaja

Case brief

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