Allowed

Union Bank of India v. Sri S. Nadeem Shuieb

DRT22 Sept 2025OA/623/2024

Case brief

AI extract

What is this about?

The DRAT allowed an original application filed by Union Bank of India against a borrower/defaulting customer for recovery of outstanding dues of Rs. 36.71 lacs with interest and costs, stating the borrower's failure to contest claims made the evidence unchallenged.

What did the court decide?

The defendant is liable to pay Rs. 36,71,959/- with future simple interest from the date of application till realization, along with costs. The bank is entitled to proceed against the mortgaged proper

Union Bank of India versus Sri S. Nadeem Shuieb — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL.]I AT HYDERABAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025

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

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ORIGINAL APPLICATION NO: 623 OF 2024

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Between:

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Union Bank of India., Branch at 7-2-16, DL Road 02021, Hindupur Branch - 515201. Rep by its Manager.

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.... Applicant

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Ancl

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Sri S.Nadeem Shuieb S/o. Sri Sunar Aslam Basha Age about 29 Years, Occ: Business 16-ll-25, Tippu Khan Street, Hindupur Sri Satya Sai District, Andhra Pradesh-s15201.

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.... Defendant

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Counsel for the Applicant : Ms. Sangeeta Jaiswal

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Counsel for Defendant : No Representation

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:: qLLEL ::

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The Applicant Bank filed the present OA u/s 19 of The Recovery of Debts & Bankruptcy Act, 1993 for recovery of a sum of Rs.36,71,959/- towards A/c. No.020216650000065 from the defendant with future interest @9olo p.a. with monthly rests from 72.L1.2024 till the date of reallsation along with costs and sale OA schedule^property.

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The averments of applicant bank as per the OA, briefly, are that the defendant availed Loan from the applicant bank vide

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/)fl'e.;^\f

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U'rr"

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oa.623lZO24

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sanctlon letter dated 06.03.2023.^{The defendantcreated} mortgage by deposit of title deed in^{respect of OA schedule} immovable property as security to the^{loan. Defendant} executed necessary loan documents.^{After availing loan} facilities, the applicant bank^informed the^{defendant that his} loan declared as NPA on 05.10.2024.^{The defendant committed} default despite several demands and^{failed to regularizethe} accounts despite of^notice dated^{08.10.2024and legalnotice} dated 16.11.2024. As the defendant^failed to^{clear the} outstanding dues, the^present OA^{is filed.}

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Defendant entered appearance through his^counsel 1.4 r.T. N agend ra, but he did not choose to file^{writtenstatement.} Accordingly, defendant right of filing written statement^was forfeited vide docket order dated 09.06.2025.

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The Applicant Bank examined lvld.Wasim^{Firoz,Chief Manager} as AW-1 and marked 14 documents^{through him as Ex. A.1 to} Ex. A.14.

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Defendant right of adducing evidence was forfeited for^no representation vide docket order dated 09.07.2025.

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Heard the Learned counsel appearing for the applicant. Defendant right of advancing arguments forfeited^on 78.07.2025. 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 OA claim aoainst the Defendant and oe schedute piperty? CW*f (-//

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oA.62y2024

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According to the learned counsel for the applicant, after availing loan facilities, the defendant committed default in repayment despite demand notice. Hence applicant bank is entifled to the OA claim considering the documents exhibited as Exs.A.1 to A.14 through AW.1 and the recitals therein.

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As stated supra, though defendant entered appearance through his counsel, defendant did not choose to file written statement, adduce evidence or advance arguments. Accordingly, defendant right was forfeited. Under such circumstances, the Evidence Affidavit of AW.1 coupled with the recitals in Exs. A.1 to A.14 marked on behalf of the applicant bank remains unchallenged and un-rebutted. 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.62312024 is allowed as under: -

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l) The Defendant is liable to pay to the Applicant Bank a sum of Rs.36,71,959/towards A/c. No. 020216650000065; with future interest @9olo 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 jlgainst the same to reatise its debt; //l2jl"9 (-,/ )}

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oA.52tl2024

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iil) the applicant bank is also entitled to proceed against the person and properties of defendant 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 Memo within 2 weeks from the date of receipt of this Order.

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t2. Issue Recovery Certificate accordingly.

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Communicate a copy of this order to the parties concerned and upload in Web Portal.

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(Dictated to the steno, signed and pronounced by me in the open court on this the 22"d day of September, 2025.)

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"^inn".,r,.r.' t' tt ' 'rr "'

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(RAMESHWAR KOTHE) PRESIDING OFFICER

Union Bank of India v. Sri S. Nadeem Shuieb

Case brief

What is this about?

What did the court decide?

Union Bank of India v. Sri S. Nadeem Shuieb

Case brief

What is this about?

What did the court decide?

What the court decided

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