Allowed

Bank of India v. Smt.Mahankali Kalyani Alias Lingala Kalyani

DRT6 May 2025OA/578/2024

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an original application filed by Sultiya Bankanasar Branch against two defendants for joint and several recovery of home loan dues totaling approximately Rs. 28.52 lakhs with interest and costs upon an ex-parte hearing.

What did the court decide?

Defendants directed to pay Rs. 28,52,067.19 with interest; bank entitled to proceed against mortgaged property and personal properties; costs awarded.

Bank of India versus Smt.Mahankali Kalyani Alias Lingala Kalyani — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDEMBAD

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DATED THIS THE O6IH DAY OF MAY, 2025

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PRESENT: SH. MMESHWAR KO. ,*.rrorr['5i.ur'..rofl^{., L. LB. (Hons. ), M.A.}

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ORIGTNAL APPLICATION No: 578 OF 2024

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9ult^{glllo,g.,Baranasar Branch,} / -4- 795/ 5, Ground Floor_ Shiv Ganesh Comolex. Balanagar, t-tyderabaO _ 5OOOt r. Rep. by its Constituted Attorney.

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.. ...Applica nt.

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Versus

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'^{IT^t ll:l:1n3.'|Kglvani AIias Lineara Karvani,} w/o. Lrn9ata Narsinq Rao.

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p.Tg:1e, Block No.I, osh. Mirrr, Ivloti Nagar Colony, Secunderabad, tetangana - 500080.

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Permanent Address:-

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Flat No.202 & 203, Saikarthik palace, Plot N_os.104 & 105, Survey Nos.Z77, Sree Colony, Ra ma krish na pu ra m, Mechal Ma tkajgiri District.

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Sri.Lingala NarsingRao, S/o.Lingata Dharmaiah,

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D.No.43, Btock No.2, DBR Mi s, Ivloti Nagar Colony, Secunderabad, Telangana - 500080.

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Also at:-

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Flat No.202 & 203, Saikarthik palace, Plot Nos.104 & 105, Survey Nos.277, Sree Colony, Ra ma krish n a pu ra m, Mecha I Ma lkajgiri District.

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...Defendants

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Counsel for the Applicant

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Defendants

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l4ls. K.V. Nageswara Rao

Ex-parte

OY*o

oA.NO.s78/2024

:: ORDER^::

The^{ApplicantBankfiled the present OA for the recovery a total} ,r. o,^{*r.,',u',067 '1-gpsie} '^{a sum of Rs'12'24'20515ps} under^{star Home Loan A/c No 864075110000159with future} interest^{@9.45olop.a and a sum of Rs' 16'27'862'O4psunder} fop Up^{HomeLoan A/c No 864062610000033with future} interest @9.95o20^{p.a from the defendantsjointly and severally} compounded^{with monthly rests and also 2o/o penalinterest} from the^{date of application till the date of realizationalong} with costs^{and in default for saleof OA scheduleproperty'}

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paper Publication '^TheY

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1. Summons^{served on D1 and 2 through} called absent^{and no}

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were set^{ex-Parte on 02'04 '2025 as} representation.

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The Applicant^{Bank examinedPonna Sudha' LegalManager'as} AW-1^{and marked 28 documents throughher as Ex' A'1 to Ex'} A.28.

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Heard the^{Ld. Counselfor the Applicant Bank' 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 ctaim^{made in the OA against} the Defendants^{and OA schedule}

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ProPertY?

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As stated^{supra, the Defendants remained ex-parte'The} Evidence Affidavit^{coupledwith the recitalsin the documents} viz., Exs.A.1^{to A.28 marked on behalf of the APplicantBank}

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OY,"

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oA.NO.s78/2024

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clinches the claim of the Applicant Bank against the Defendants. Hence, I hold that the Defendants are joinUy 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,S7B/2024 is allowed as under: -

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i) The Defendants are joinUy and severally liable to pay to the Applicant Bank a total sum of Rs.28,52,067.19ps i.e., a sum of Rs,72,24,205.15ps under Star Home Loan A/c. No.864075110000159 and a sum of Rs.16,27,862.04ps under Top Up Home Loan A/c. No. 864062610000033; with future interest @8.650lo 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 to proceed against the same to realise its debu

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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 OrderfiV,qg/ t/ arv l-,' e

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oA.NO.578/2024

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9. Issue Recovery^{Certificate accordingly'}

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Communicate^{a copy of this order to the parties concerned'} (oi.t"t.a to the steno,^{corrected,signedand pronounced by me in the open courton} this the^{O6th DaYof MaY,2025)'}

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fu;,'* (-nauesnwnR KorHE) PRESIDING^OFFICER

Bank of India v. Smt.Mahankali Kalyani Alias Lingala Kalyani

Case brief

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Bank of India v. Smt.Mahankali Kalyani Alias Lingala Kalyani

Case brief

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