Allowed

Bank of India v. Mr. Sriniwaas Kotaa

DRT6 Nov 2025OA/592/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's application for recovery of dues amounting to approximately Rs. 88.73 lakh from two joint and several borrower defendants. The court found liability based on evidence and directed issuance of a recovery certificate against mortgaged property and the defendants' assets.

What did the court decide?

Recovery of Rs. 88.73,364.83 including interest and costs; proceeds against mortgaged property and defendants' personal assets.

Bank of India versus Mr. Sriniwaas Kotaa — Contract and Commercial Disputes | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDEMBAD DATED THIS THE O6TH DAY OF NOVEMBER, 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: 592 oF 2025

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Bank of India., Banjara Hills Branch, B-Z-403/4 RMB Select Building, Ground Floor Road No.4, Banjara Hills, Hyderabad Telangana - 500034. Rep. by its Authorized Signatory.

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.....Applicant.

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Versus

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Mr. Sriniwaas Kotaa S/o. Sri K.Laxmi Narayana Sastry H. No.05-051/A/2,^plot No.6/part (Portion No.3), Ground Floor Survey No.48/1, Block No.5 Petbasheerabad Vi age, euthbu apur Mandal, Medchal^* Malkajgiri District.

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Also at:-

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Mr. Sriniwaas Kotaa

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S/o. Sri K.Laxmi Narayana Sastry H. No.8-3- 161/ 1339/588, Ground Ftoor Arogya Nagar, SpR Hills, Borabanda Yousufguda, Hyderabad, Tela nga na- 50OO 1g.

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AIso at:-

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Mr. Srin iwaas Kotaa S/o. Sri K.Laxmi Narayana Sastry H.No.8-3-230/1/A/14lA, Venkata ciri Jubi!ee Hills, Yosufguda, Hyderabad Telangana - 500045.

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lVr. Durga Prasad Rudra Rapu S/o. Sri. Rudra Rapu Sailu H.No.21-67lA, Ground Floor Vivek Nanda Nagar, Dilsukhnagar //N.,"r.

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a^'+*-

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oA.NO.592/2025

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Counsel for the Applicant

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: lY/s. Chavan & Associates

Defendants

:Ex-parte

:: (LLLLL ::

The Applicant Bank filed the present OA for the recovery a total sum of Rs.88,73,364.83ps i.e., a sum of Rs.86,07,612.78ps towards Star Home Loan A/c. No.863975110000220 with future interest @9.59o p.a. and a sum of Rs.2,65,752.05ps towards Star Personal Clean Loan A/c. No.863960110000109 with future interest @8.25olo p.a. from the defendants jointly and severally with monthly rests from the date of application tlll the date of realization along with costs and in default for sale of OA schedule^property.

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Summons served on D1 and 2 through paper publication. They were set ex-parte on 23.09.2025 as called absent and no representation.

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The Applicant Bank examined Anil Kumar Pradhan, Chief lvlanager, as AW-1 and marked 33 documents through him as Ex. A.1 to Ex. A.33.

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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? /AX.pa /l/

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oA.NO.592/2025

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As stated supra, the Defendants remained ex-parte. The Evidence Amdavit coupled with the recitals in the documents viz., Exs. A.1 to A.33 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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In the result, the present Original Application No.59212025 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.88,73,364.83ps i.e., the defendants 1 & 2 are^jointly and severally liable to pay a sum of Rs.86,07,612.78ps towards Star Home Loan A/c. No. 863975110000220 and the 1't defendant is liable to pay a sum of Rs.2,65,752.05ps towards Star Personal Clean Loan A/c. No. 863960110000109; with future interest @8.75olo^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 OeOt: ,fu.e. U 1*'

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oa,No.592l202s

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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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The Applicant Bank is directed to file Cost f4emo within 2 weeks from the date of receipt of this Order.

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Issue Recovery Certificate according ly.

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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 06rh Day of November, 2025).

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i-Xts>e irrfri'J-rr.r PRESIDING OFFICER

Bank of India v. Mr. Sriniwaas Kotaa

Case brief

What is this about?

What did the court decide?

Bank of India v. Mr. Sriniwaas Kotaa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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