Allowed

Hdfc Bank Ltd., v. Dr.Anus Dental Care.

DRT3 Apr 2025OA/728/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an original application filed by H DFC Bank Ltd. for recovery of dues from multiple respondents, including a dental clinic, private limited enterprise, and individuals, holding them jointly and severally liable.

What did the court decide?

Respondents ordered to jointly and severally pay Rs.98,02,815.36 with interest; bank entitled to realize dues from mortgaged property and assets of respondents.

Hdfc Bank Ltd., versus Dr.Anus Dental Care. — Company and Corporate | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL.II AT HYDERABAD

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DATED THIS THE O3RD DAY OF APRIL, 2025

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PRESENT: SH. RAN1ESHWAR KOTHE, B.Com., L.LB. (HonS.), M.A. PRESIDING OFFICER

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ORIGINAL APPLICATION No: 728 OF 2022

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H DFC Bank Ltd., Having its office at # 1-10-60/3, 3'd Floor, Suryodaya Complex, Opp Shoppers Stop, Begumpet, Secunderabad Mandal, Secunderabad Dist - 500016. Rep. by its Authorized Signatory.

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.....Applicant.

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Versus

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Dr.Anus Dental Care., Rep by its Proprietor Mrs.Anusha Rani Adusumalli and 2 others, H.No.1-1-169/1/8, Mulgi, RTC X Roads, Chikkada pally, Beside Unlimited/ Hyderabad, Telanga na - 500020.

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Mrs.Anusha Rani Adusumalli, Mr. Nagaraj Kotakonda, Aged about 35 Years, Occ: Business, 7-53/2, Grcund Floor, Vikas Nagar, Dilsukhnagar, Near Main Road, Hyderabad, Telangana - 500060.

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Also at:-

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Mrs.Anusha Rani Adusumalli, lvlr. Nagaraj Kota konda, Aged about 35 Years, Occ: Business, 9-53/2, Ground Floor, Vikas Nagar, Dilsukhnagar, Near Main Road, Hyderabad, Telangana - 500060.

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Also at:-

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lvlrs.Anusha Rani Adusumalli, Mr. Naoarai Kotakonda. ' 77 ,-x17r*z 'o // //^,7,/--{\l} ,-/

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oa.No .72a/2022

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Aged about 35 Years, Occ: Business, 27 -7- 7667 t Balaji Nagar, Near CPM Office, Nellore, Andhra Pradesh - 524002.

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Also at:-

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Mrs.Anusha Rani Adusumalli, M r. Nagaraj Kotakonda, Aged about 35 Years, Occ: Business, Amba Villa Apartment, Flat No.1, Dilsukhnagar, Maruthinagar, Gaddiannaram, Hyderabad-500060, Telangana.

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Havisha Medi Enterprises., Rep by its Proprietor M r. Nagaraj Kotakonda, H.No.3-27, Chaitanya puri Colony, Kothapet, Near DBR Lodge, Dilsukhnagar, .Hyderabad, Telangana - 500020.

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14r.Nagaraj Kota konda, S/o.Subba Naidu Kothakonda, Aged about 40 Years, Occ: Business, 7-53/2, G Floor, Vikas Nagar, Sushilavilla, Hanuman Nagar, Cha itanyapuri, Dilsukh nagar, Hyderabad, Tela nga na - 500060.

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Also at:-

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lv'lr. Naga raj Kotakonda, S/o.Subba Na idu Kothakonda, Aged about 40 Years, Occ: Business, 27 -7-7667, Balaji Nagar, Near CPM Office, Nellore, Andhra Pradesh - 524002.

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Mr.Nagaraj Kotakonda, S/o. Subba Na idu Kothakonda, Aged about 40 Years, Occ: Business, 7-53/2, G Floor, Vikas Nagar, Sushilavilla, Hanuman Nagar, Chaitanyapuri, Dilsukhnagar, Hydera bad, Telangana - 500060.

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'Hr'!q

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oa,No,72al2022

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Also at:Ivl r. Naga raj Kota konda, S/o.Subba Naid u Kotha konda, Aged about 40 Years, Occ: Business, 27-7-1661, Ba laji Naga r, Near CPlvl Office, Nellore, Andhra Pradesh - 524002.

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Also at:lvlr. Naga raj Kota konda, S/o. Su bba Naidu Kotha konda, Aged about 40 Years, Occ: Business, Flat No.301, First Floor, EVA-DUTT Complex, lvlunicipal No.2-2-647 /A/6/ 7 & 2, DD Colony, Bagh Amberpet, Near lvlain Road, Saiba ba Temple, Hydera bad -500013, Telanqana State. ... Defenda nts

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: lv'l/s.M.V. KINI Counsel for the Applicant Defendants I Ex-parte

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:: qL9-LL ::

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The Applicant Bank filed the present OA for the recovery a total sum of Rs.98,02,815.36ps as on 17.08.2022 & 27.08.2022 from the defendants^jointly and severally with future interest @24ok^p.a. with monthly rests from the date of application till the date of realization along with costs and in default for sale of OA schedule property.

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Summons served on D1 to 5. They were set ex-parte on 05.72.2023 as called absent and no representation.

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The Applicant Bank examlned Sumaya Shaik, Legal lvlanager, as AW-1 and marked 07 documents through her as Ex. A.1 to Ex. A.07. Kn*Y'

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oA.NO.7zal2O2Z

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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 ls:-

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Whether the Applicant Bank is entitled for the claim made in the OA against the Defendants and OA schedule property?

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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.07 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.728/2022 is allowed as under: -

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i) The Defendants are jointly and severally liable to pay to the Applicant Bank a sum of Rs.98,02,815.36ps as on t7.08.2022 & 27.08.2022 with future interest @10.50o/o p.a. simple from the date of application till the date of realization;

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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 rea I i se its d efi ; /d:g-.)\Le /___/ -6w\

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oA.NO.728l2O22

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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 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 pronounced by me in the open court on

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.- , (RAMESHWAR KOTHE) PRESIDING OFFICER

Hdfc Bank Ltd., v. Dr.Anus Dental Care.

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd., v. Dr.Anus Dental Care.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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