Allowed

Bank of Baroda v. Mohammed Aslam Khan

DRT31 Jan 2025OA/822/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal, Hyderabad allowed the Original Application filed by Bank of Baroda against Mohammed Aslam Khan for recovery of loan dues totaling Rs. 44.47 lakhs with interest, blocking the hypothecated vehicle and issuing a recovery certificate.

What did the court decide?

Directed respondent to pay appellant Rs. 44,47,730.98 with interest, blocked hypothecated vehicle, entitled to proceed against person/properties, and issue Recovery Certificate.

Bank of Baroda versus Mohammed Aslam Khan — Execution and Attachment | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD DATED THIS THE 31ST DAY OF ]ANUARY, 2025

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PRESENT: SH. RAMESHWAR KOTHE, B.COM., L.LB.^(HONS.), T4.A. PRESIDING OFFICER

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OR]GINAL APPLICATION No: 822 OF 2023

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Bank of Baroda, Banjara Hills Branch, 8-2-59615, Road No,10, Banjara Hills, Hyderabad - 500034. Rep. by its Chief Manager.

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... ..Applica nt.

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Versus

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Mohammed Aslam Khan, S/o.Mohammed lYuqtada Kha n, Aged about 35 Years, Occ: Business, Rl o.8--22/ I /L, Virat Colony, Beside Chaitanya School, Asifnagar, Tolichowki, Hyderabad - 500028. ...Defendant Counsel for the Applicant : l4ls.G.Venkat Sri 14aith reya Defendant tEx-parte

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:: !)xgE_& ::

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1, The Applicant Bank filed the present OA for the recovery a total sum of Rs.44,47,730.98ps under Loan A/c. No.26610600004807 from the defendant with future interest @ 9.35olo p.a. from 22.08.2023 till the date of realization along with costs and in default for sale of hypothecated vehicle.

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Summons served on sole defendant and was set ex-parte on 14.02.2024 as called absent and no representation fN.r. * 7 1r'

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oA.NO.822l2023

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The Applicant Bank examined Venkata Subba Rao Garimella, Chief Manager, as AW-1 and marked 24 documents through him as Ex.A.1 to Ex.A.24.

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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 Defendant and OA hypothecated vehicle?

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As stated supra, the Defendant remained ex-parte. The Evidence Affidavit coupled with the recitals in the documents viz., Exs.A.1 to A.24 marked on behalf of the Applicant Bank clinches the claim of the Applicant Bank against the Defendant. 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.82212023 is allowed as under: -

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i) The Defendant is liable to pay to the Applicant Bank a sum of Rs.44,47,730.98ps under Loan A/c. No.26610600004807 with future interest @9.350/o 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 vehicle described in the N"*

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oA.NO.8Z2l2O2t

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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 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 this the 31't Dav of Januarv' 2025)

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, r'.]..., . ......'a '

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(RAMESHWAR KOTHE) PRESIDING OFFICER

Bank of Baroda v. Mohammed Aslam Khan

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. Mohammed Aslam Khan

Case brief

What is this about?

What did the court decide?

What the court decided

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