Allowed

Bank of Maharashtra v. Mr. Chigumalla Mallikarjun

DRT10 Dec 2025OA/537/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's original application for recovery of a home loan dues of Rs. 1,34,83,980/- plus interest and costs from the defendants, holding the claim secured by a mortgage property.

What did the court decide?

Defendants liable to pay Rs. 1,34,83,980/- with interest; applicant entitled to proceed against mortgaged property; liability extended to defendants' personal assets; costs awarded.

Bank of Maharashtra versus Mr. Chigumalla Mallikarjun — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD

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DATED THIS THE loth DAY OF DECEIVIBER, 2025

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PRESENT: SH. RAIYESHWAR KOTHE, B.Com, L.LB. (HonS.), IY.A.

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PRESIDING OFFICER

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ORIGINAL APPLICATION No: 537 OF 2025

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Bank of Maharashtra Kukatpally branch, Hyderabad, Represented by its Authorized Signatory

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......Applicant.

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Versus

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Mr. Chigumalla Mallikarjun, S/o. Sri. C. Balraj, aged 49^years, Sex: Male, Occ.: Business, No.5-2-602, .lambagh, Nampally, Near Telephone Exchange, Rasala Abd ullah, Begum Bazar, Hyderabad - 500012, Telangana State.

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Also at:

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H. No. 3-24, Shivaji Nagar, Besides GEM Motors, Manikonda Jagir Village And M unicipality, Gandipet Mandal, Ranga Reddy District - 500008 Telangana State.

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lvlrs. Chigumalla Rajeshwari W/o. Mr. Chigumalla Mallikarjun, Aged 40^years, Sex: Female, Occ.:^Buslness, No. 5-2-602, lambagh, Nampally,^Near Telephone Exchange, Rasala^{Abdullah, Begum} Bazar,Hyderabad - 500012,^{Telangana State.}

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Also at:

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H. No. 3-24, Shivaji Nagar, Besldes GEM Motors,^{ManikondaJagirVillage} And Municipality, Gandipet^{Mandal,Ranga Reddy} ..'Defendants District, Telangana State - 500008.

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: Mr. Momin Mohammed^Rafiq Counsel for the Applicant counsel for the Defendants^: ex-part{fu1'''9 ' Ul \o^'

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oa.No.537/2025

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:: ORDER ::

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The Applicant Bank filed the present OA for the recovery a total sum of Rs.1,34,83,980/- from the defendants jointly and severally towards home loan facility with future interest @6.950/o^per annum along with penal interest @2olo p.a. compounded monthly from the date of application till the date of realization along with costs and in default sale of OA schedule property.

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Summon served on D1 and 2 through paper publication and set ex-parte on 13.10.2025 as called absent and no representation.

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The Applicant Bank examined tvlr. K.V.S Sastry, Chief Manager, as AW-1 and marked 13 documents through him as Ex.A.1 to Ex.A.13.

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Heard the ex-parte argument from the Ld. Counsel of the applicant. 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 and OA moftgaged 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.13 marked on behalf of the Applicant Bank clinches the claim of the Applicant Bank agatnst the Defendants. Hence, I hold that the Defendants are liable to pay the OA claim to the Applicant Bank with future interest and cosvn\ry,,.c_ /J/rot''

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oA.NO.537/2025

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In the result, the present Original Appltcation No.537l2025 is allowed as under: -

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i) The Defendants are liable to pay to the Applicant Bank a sum of Rs. 1,34,83,980/towards home Loan Facility with future interest @6.950/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 property described in the schedule annexed to the OA and the applicant 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 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 10rh Day of December, 2025)

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ft.,r (RAMESHWAR KOTHE) PRESIDING OFFICER

Bank of Maharashtra v. Mr. Chigumalla Mallikarjun

Case brief

What is this about?

What did the court decide?

Bank of Maharashtra v. Mr. Chigumalla Mallikarjun

Case brief

What is this about?

What did the court decide?

What the court decided

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