Allowed

Hdfc Bank Ltd. v. Royal General Contractors Private Limited

DRT15 Oct 2025OA/680/2023

Case brief

AI extract

What is this about?

Original Application filed by HDFC Bank Ltd. for recovery of Rs. 71,78,607.12 plus interest and costs against two respondents. The respondents were tried ex-parte. The Tribunal held that the defendants are jointly and severally liable to pay the claim, and the application was allowed with relief to proceed against hypothecated assets and defendant properties.

What did the court decide?

Defendants liable to pay Rs. 71,78,607.12 with future interest @ 8.25% p.a.; bank entitled to proceed against hypothecated assets and defendant properties; costs awarded.

Hdfc Bank Ltd. versus Royal General Contractors… — Contract and Commercial Disputes | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD

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DATED THIS THE 15TH DAY OF OCTOBER, 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: 680 OF 2023

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HDFC Bank Ltd., Having its office at # 1-10-60/3, 3'd Floor, Suryodaya Complex, Begumpet, Hyderabad - 500016. Rep. by its Authorized Signatory.

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.....Applicant

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Versus

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Royal General Contractors Private Limited., Rep by its Managing Director, Shaik Hussain Saheb 2nd Floor, H. No.5-9-22l4/C, Hillfort Road No.4, Adharshnagar Hyderabad - 500063.

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Shaik Hussain Saheb, S/o.Darga Saheb Age 35 Years, Occ: Business H.No.4-93l3, Remidicherla Yerrupalem, Khammam - 507201.

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...Defendants

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Counsel for the Applicant : Dr. M P. Kashyap

Defendants

: Ex-Parte

:: O-LD-L& ::

The Applicant Bank filed^{the present OA for the recoverya total} sum of Rs.71,78,607.12ps from^{the defendantsjointly and} severally with future interest @180/0^{p.a. from the date of} application till the date of^{realization alqngwith costs and in} defautt for sate of hypotheca^teo assetlfu,*9

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oA.NO.580/2023

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Summons served on D2 and was set ex_parte on 25.10.2024 as called absent and no representation, whereas summons served on D1 through paper publication and was set ex_parte on 11.08.2025 as called absent and no representation.

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The Applicant Bank examined Adithya, 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 reported orders may be passed through merits. perused the material placed on record.

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The point that arises for consideration is:_

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Whether the Appticant Bank is enti ed for the claim made in the OA against the Defendants and OA hypothicated assetsz

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As stated supra, the Defendants remained ex_parte. The Evidence Affidavit coupled with the recitals in the documents viz., Exs. A.1 to A.O5 marked on behalf of the Applicant Bank crinches the craim of the Appricant Bank against the Defendants. Hence, i hold that the Defendants are joinfly 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 Apptication No.6g0/2023 is allowed as under: -

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i) The Defendants are joinuy and severally

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liable to pay to the Appticant Bank a total sum of Rs.71,78,607.12ps with future

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oA.NO.680/2023

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interest @8.25% 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 hypothecation of assets described in the schedule annexed to the OA and the applicant bank is entitled to proceed against the same to realise its debt;

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iii) the applicant bank is also entiUed 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 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, corrected,. signed and pronounceJ Uv i" ," the open court on this the 15th Day of October, 2025).

¶36

SHWAR KOTHE) PRESIDING OFFICER

Hdfc Bank Ltd. v. Royal General Contractors Private Limited

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd. v. Royal General Contractors Private Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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