Allowed

Hdfc Bank Ltd. v. M. Saiprakash

DRT25 Aug 2025OA/575/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the Original Application filed by HDFC Bank Ltd. to recover Rs.39,93,022.72 from the defendant. The defendant appeared ex-parte. The Tribunal held the claim was supported by evidence and directed recovery with future interest and a Recovery Certificate.

What did the court decide?

Ordered payment of Rs.39,93,022.72 plus future interest and costs; recovery certificate issued.

Hdfc Bank Ltd. versus M. Saiprakash — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY^{TRIBUNAL-II AT HYDERABAD} DATED THIS THE 25TH^{DAY OF AUGUST, 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: 575^{OF 2023}

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HDFC BanK Ltd., One of its Branch office at^1-10-60/3, 3'd Floor, Suryodaya ComPlex, Opp Shoppers StoP, Begumpet, Hyderabad^- 500^016. Rep. by its Legal Manager.

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.....Applicant

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Versus

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M. Saiprakash, S/o.Venkata Sivaiah Age 27 Years, Occ: Self EmPloYed 3-1030, Ayyappa Society, Road^No.51 Madhapur, Near CGR International^School Hyderabad - 500081.

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Also at:M.Saiprakash C/o.Adecco India Private Limited., 13th Floor Summit B Brigade Metropolis Garudachar Palya MahadevaPura Whitefield Main Road Bangalore-560018.

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Also at:M.Saiprakash l-1302, A D C C Bank Colony Rudrampeta Bypass Road, Anantapuramu, Anantapur-5 15001.

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...... Defendant

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Counsel for the Applicant : Dr.M.P.Kashyap

Defenda nts

:Ex-parte

OA.No.575/2023

:: ORDER ::

The Applicant Bank filed the present OA for the recovery of a sum of Rs.39,93,022.72ps from the defendant with future interest @10.50o/o^p.a. compounded with monthly rests from the date of application till the date of realisation along with costs.

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Summon sent to sole defendant returned with endorsement Refused, hence deemed to be served and was set ex-parte on 20.10.2023 as called absent and no representation.

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The Applicant Bank examined Adithya A S, Legal Manager as AW-1 and marked 05 documents through her as Ex. A.1 to Ex. A.05.

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Ld. Counsel for the Applicant Bank stated orders may be passed on merits and 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 Defendant?

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As stated supra, the Defendant remained ex-parte. The Evidence Affidavit coupled with the recitals in the documents viz., Exs. A.1 to A.05 marked on behalf of the Applicant Bank clinches the claim of the Applicant Bank against the Defendant. Hence, I hold that the Defendant is 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.575l2023 is \i-I.t',tt

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altowed as under:

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oA.No.s7sl2023

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i) The Defendant is liable to pay to the Applicant Bank a sum of Rs.39,93,022.72ps with future interest @10.50o/o^p.a. simple, from the date of application till the date of realization;

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ii) the applicant bank is also entitled to proceed against the person and properties of the defendant for realization of its dues;

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iii) 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., transcribed by him, corrected, signed and pronounced by me in the open court on this the 25rh day of August' 2025)

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' ';,!'n"n- '..''1; "^5i't.tt-' (RAMESHWAR KOTHE) PRESIDING OFFICER

Hdfc Bank Ltd. v. M. Saiprakash

Case brief

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Hdfc Bank Ltd. v. M. Saiprakash

Case brief

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