Allowed

Hdfc Bank Ltd. v. Mr. Ajmeera Hari Naik

DRT24 Jun 2025OA/568/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the Original Application filed by H DFC Bank Ltd. for recovery of dues from three defendants who remained absent. The court held the defendants jointly and severally liable to pay the claim secured by mortgage properties.

What did the court decide?

Defendants to pay Rs. 31,93,703.79 with interest; OA claim secured by mortgage properties; bank entitled to proceed against persons and properties of defendants for realization.

Hdfc Bank Ltd. versus Mr. Ajmeera Hari Naik — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD

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DATED THIS THE 24TH DAY OF JUNE, 2025

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PRESENT: SH. RAMESHWAR KOTHEI B.Com., L.LB. (Hons,), M.A. PRESIDING OFFICER

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ORIGINAL APPLICATION No: 568 OF 2024

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H DFC Bank Ltd., Having its office at Bank House # 6-3-246 & 6-3-244lA, 6th Ftoor Roxana Palladium, Road No.1 Banjara Hills, Hyderabad - 500034 Rep. by its Authorized Signatory.

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.....Applicant.

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Versus

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Mr. Ajmeera Hari Naik, S/o. Fakeer Das Naik Aged about 59 Years, Occ: Agriculture R/o. H.No.2-496, Lingapur Village Dandepalle Mandal, Adilabad District - 504205.

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Mrs.Ajmeera Suguna, W/o. Hari Naik Aged about 58 Years, Occ: Housewife

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R/o. H.No.2-496, Lingapur Village Dandepalle Mandal. Adilabad District - 504205.

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Mr. Appasi Rupender, S/o.Gangaiah Aged about 38 Years, Occ: Business R/o. H. No.1-6611, Laxmikanthapur Village Dandepalle Mandal, Adilabad District-504206.

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... Defendants

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Counsel for the Applicant : M/s. M.Srinivas Reddy

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Defendants

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: Ex- parte

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:: ORDER ::

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1, The Applicant Bank filed the present OA for the recovery a total sum of Rs.31,83,7Q3.79ps from the defendants jointly and AV,"r-ty

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1"/ '$t"

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oA.NO.s68/2024

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severally with @12olo^{p.a. from 25.70.2024(Cash Credit & DOD} Loan Facility) the^{statement date to the date of award/decree} and thereafter @18o/o P a.^{compounded with monthlyrests} from the date of^{applicatlon till the date of realizationalong} with costs andⁱⁿ default^{for saleof OA scheduleproperties'}

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Summons served on^{D1 and 2, whereas Summons sent to D3} returned with endorsement^{refused hence, deemed to be} served. They^{were set ex-parte on 04.04.2025 as called absent} and no representation.

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The Applicant Bank examined^{D.Suresh, Dy. 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^{ApplicantBank reported orders may be} passed through merits. Perused the material^{placed 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 properties?

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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.11^marked on^{behalf of the Applicant Bank} clinches the claim of^{the Applicant Bank against the Defendants.} Hence, I hold that the^{Defendants are jointlyand severallyliable} to pay the oA claim to the AppligRnt^{Bank with futureinterest} and costs. %vP

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oA.NO.s68/2024

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In the result, the present Original Application No.56g/2024 is allowed as under: _

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i) The Defendants are jointly and severally liable to pay to the Applicant Bank a total sum of Rs.31,93,703.79ps with future interest @l2o/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 entifled to proceed against the same to realise its debt;

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iii) the applicant bank is also entiued 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 fire cost Memo within 2 weeks from the date of receipt of this Order.

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Issue Recovery Ceftificate 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 24th Day ofJune,2025).

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/7wp* 1dm6'esnweR^KorHE) PRESIDING OFFICER

Hdfc Bank Ltd. v. Mr. Ajmeera Hari Naik

Case brief

What is this about?

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Hdfc Bank Ltd. v. Mr. Ajmeera Hari Naik

Case brief

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