Allowed

Bank of Maharashtra v. M/S. Laxmi Durga Wines

DRT9 Sept 2025OA/54/2025

Case brief

AI extract

What is this about?

In an ex-parte hearing, the Debt Recovery Tribunal adjudicated the original application filed by Bank of Maharashtra for recovery of dues with interest and costs from the defendants and their mortgaged property.

What did the court decide?

Defendants jointly and severally liable to pay Rs.30,26,567.27 with future interest at 14.50% p.a. Bank entitled to proceed against mortgaged property and defendant's assets. Recovery Certificate issu

Bank of Maharashtra versus M/S. Laxmi Durga Wines — Specific Performance | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL.II AT HYDERABAD

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DATED THIS THE OgTH DAY OF SEPTEMBER, 2025

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PRESENT: SH. RAMESHWAR KOTHE, B.COM., L.LB.^{(HONS.), M.A.}

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PRESIDING OFFICER

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ORIGINAL APPLICATION No: 54 OF 2025

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Bank of Ma harashtra., Safilguda Branch, Hyderabad, TS. Rep. by its Authorized Signatory.

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.....Applicant.

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Versus

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1.4/s. Laxmi Durga Wines., Rep by its Proprietor Sri. J. Said u lu Goud, H.No.3-4-105/B Main Road, Street No.8, Ramanthapur Hyderabad, Telangana - 500047.

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14r. l. Saidulu Goud Age Major, Occ: Business Sex Male, Plot No.402, Silpa Residency Street No.8, Habsiguda, Hyderabad Telangana State - 500007.

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Mrs. J.Padma, W/o.Sri.J.Saidulu Goud Aged Years, Occ: Business Sex Female, Plot No.402, Silpa Residency Street No.8, Habsiguda, Hyderabad Telangana State - 500007.

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... Defendants

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Counsel for the Applicant : f4omin Mohammed Rafiq

Defendants

:Ex-parte

:: ORDER ::

The Applicant Bank filed the present OA for the recovery a total sum of Rs.30,26,567.27ps from the defendants^jointl'/ and severally with future interest @14.507o^p.a. wrth monthly rests r ,r.' ;,

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oA.NO.s4l202s

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along with^penal interest 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 to 3 through paper publication. They were set ex-parte on L7.07.2O25 as called absent and no representation.

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The Applicant Bank examined Nandan Sudhir Kulkarni, Chief Manager, as AW-1 and marked 17 documents through him as Ex. A.1 to Ex. A.17.

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Heard the Ld. Counsel for the Applicant Bank. 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 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.17 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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ln the result, the present Original Application No.54l2025 is attowed as under: - 'Mr"*

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oA.NO.54/2025

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i) The Defendants are^jointly and severally liable to^pay to the Applicant Bank a sum of Rs.30,26,567.27ps with future interest @14.50o/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 bank is entitled io 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 14emo 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 thrs the 09r' Day ol September, 2025).

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.{B--'r-ur"' ,/ -6'|^'

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-/(RAMESHWAR KOTHE) PRESIDING OFFICER

Bank of Maharashtra v. M/S. Laxmi Durga Wines

Case brief

What is this about?

What did the court decide?

Bank of Maharashtra v. M/S. Laxmi Durga Wines

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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