Allowed

Hdfc Bank Ltd., v. Mrs.Arshiya Jabeen

DRT17 Jan 2025OA/620/2022

Case brief

AI extract

What is this about?

This is an ex-parte judgment by the DRT-2 Hyderabad allowing an Original Application filed by HDFC Bank Ltd. The Presiding Officer held that the documents and an affidavit clinched the bank's claim against the absent defendant, ordering payment of principal sum with interest, costs, and a recovery certificate.

What did the court decide?

Declaratory decree of liability to pay sum of Rs.31,15,322.14 with future interest at 8.25% p.a. simple, costs, and issuance of Recovery Certificate.

Hdfc Bank Ltd., versus Mrs.Arshiya Jabeen — Banking and Recovery | DRT (2025)

¶1

IN THE DEBTS RECOVERY TRIBUNAL.II AT HYDERABAD DATED THIS THE 17th DAY OF JANUARY, 2025

¶2

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

¶3

Original Application No: 620 OF 2022

¶4

HDFC Bank Ltd., O,ne_of its Branch office at 1-10-60/3, 3'" Floor, Suryodaya Complex, Begumpet, Secunderabad Mandal, Hyderabad - 500 016. Rep. by its Authorized Signatory.

¶5

...Applicant

¶6

Versus

¶7

lvlrs.Arsh iya Jabeen, Wo. lvlohammed Abdut Hameed Ased about :: vea.s, oiii piii'.ieto. or M/s.Foot Gallery, 17-1-54 to 57, Edi.Bazar Main Road, Near Bandnaka, Hyderabad Circle 25, Hyderabad - 500023.

¶8

Also at:-

¶9

Mrs.Arshiya Jabeem, C/o. H. No.18-8-589/130, SRT Cotony, Edi Bazat, Yakatpura, Charminar, Hyderabad - 500023.

¶10

......Defendant

¶11

Counsel for the Applicant I\4/s. M. Srin ivas Reddy

Defenda nts

Ex-pa rte

:: ORDER ::

The Applicant Bank filed the present OA for the recovery of a sum of Rs.37,75,322.74ps from the defendant with future interest @ 18o/o nv"_.(\g D/ ' \1'"

¶16

oA.No.62012022

¶17

the date of^{applicationtill the date of} p.a. with monthlY^{rests from} realisation^{alongwith costs'}

¶18

sole defendant^{throughpaperpublicationand}

¶19

1. Summon^{served on} on 72.07.2023^{as called absentand no}

¶20

was set^ex-parte representation.

¶21

Bank examined^{SumayaShaik, Legal Manager as AW-}

¶22

1. The ApPlicant 2 and ma^rked 13 documents^{through her as Ex A'1 to Ex A 13'}

¶23

Ld. Counsel^{for the ApplicantBank stated} orders^{may be} Passed^on merits and^{perusedthe materialplaced on} record.

¶24

The^point that^{arises for consideration is:-}

¶25

Whether the^{Applicant Bank is entitled for} the claim made^{in the OA against the} Defendant?

¶26

As stated supra,^{the Defendant remained ex-parte The Evidence} Affidavit^{coupled withthe recitals in the documents viz'' Exs'A 1 to} A.13 marked on^{behalf of the Applicant Bank clinches the claim of} the Applicant^{Bank againstthe Defendant'Hence, I hold that the} Defendant is^{liable to pay the OA clalmto the Applicant Bank with} future interest^{and costs.}

¶27

In the result, the^{present Original ApplicationNo 620/2022is} allowed as under:^-

¶28

i) The Defendant^{is liable to pay to the Applicant Bank a} sum of Rs.31,15,322.14ps^{with future interest @} 8.25olo^p.a. slmple, from the^{date of applicationtill the} date of realization , ffi*S

OA.No.520/2022

-s-

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

¶33

realization of its dues;

¶34

iii) the applicant bank is entitled for the costs.

¶35

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

¶36

Issue Recovery Certificate accordingly.

¶37

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 17th day of January, 2025) .

¶38

//ry,*'s *AN4esHwnR^KorHE) PRESIDING OFFICER

Hdfc Bank Ltd., v. Mrs.Arshiya Jabeen

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd., v. Mrs.Arshiya Jabeen

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

S G Preservatives Private Limited versus Bank of Baroda

Bharat Construction and Ors. versus Bank of Baroda

Edge Techno Chem and Ors. versus Indian Bank

Bank of Baroda versus M/s Alok Fashion

Hdfc Bank Ltd. versus Vasudevan Sridhar

Union Bank of India versus SP Engineering Industries