Allowed

Bank of Baroda v. Mr. Methari Sathish

DRT10 Jul 2025OA/83/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the originating application filed by Bank of Baroda against three defendants (husband, wife, and guarantor) for recovery of a home loan amount. The respondents were absent. The court found the bank's claim established and granted recovery of the principal sum with interest and costs.

What did the court decide?

The OA is allowed with costs. Defendants are jointly and severally liable to pay Rs. 21,76,119.63 with future interest. Applicants can proceed against mortgaged property and Defendants' properties. Re

Bank of Baroda versus Mr. Methari Sathish — Execution and Attachment | DRT (2025)

¶1

IN THE DEBTS RECOVERYTRIBUNAL-I AT HYDERABAD

¶2

DATED THrS THE lOrH DAY OF JULY, 2025

¶3

PRESENT: SRI GUMMADI GOPICHAND, PRESIDING OFFICER

¶4

OA.No.83 OF 2025

¶5

Between:

¶6

Bank of Baroda, Mancherial branch, Mancherial, Telangana state. Represented by its Senior Manager

¶7

Applicant

¶8

VERSUS

¶9

Mr. MethariSathish, s/o Mr. MethariLachaiah, aged 46 years, occ: business, H.No.25-52, Ashoka Road,

¶10

Mancherial - 504 208.

¶11

Mrs. Methari Jhansi, w/o Mr. MethariSathish, aged 35 years/ occ: housewife, H.No.25-52, Ashoka Road, Mancherial - 504 208.

¶12

Mr. Koduri Ramesh, S/o Mr. RajalinguKoduri, Aged 42 years, occ: business, R/o H.No. 12-572/6, Hanuman Nagar, Islampura, Mancherial - 504 208.

¶13

Defendants

¶14

for the Parties:

¶15

Sri TrivikramChitturu

Expa rte

10^{lul ?sll}

(oA.No.83/2025)

ORDER

The Applicant Bank filed the present OA against Defendants for recovery of a total sum of Rs.21,76,119.63ps (Rupees Twenty One Lakhs Seventy Six Thousand One Hundred Nineteen and paise Sixty three only) with future interest @ 8.90olo p.awith penal interest @ 2olo and monthly rests from date of application till the date of realization and in default for sale of mortgaged property as mentioned in the schedule to OA.

¶21

As per the averments in the application, the Applicant Bank states that defendant no.1 and 2 are husband and wife availed home loan of Rs.24.00 lakhs on 10.05.2019. Defendant no.3 stood as guarantor and executed general form of guarantee. The defendants created equitable mortgage of application schedule property and deposited the title deeds in favour of Applicant bank. After availing the loan facilities, the defendants failed to comply the terms of sanction, hence the applicant bank classified the account as NPA on t4.09.2022 and demand notice was issued on OI.LO.2O22. Inspite of several requests and demands, the defendants did not clear the ing. Hence this OA.

¶22

:r$h absent and set exparte on 15.05.2025.

¶23

(oA.No.83/202s)

¶24

Sri C. Sunil Kumar, Senior Manager of the Applicant Bank examined himself as AW.1 and exhibited relevant documents, which are marked as Ex.A.1 to A.9.

¶25

Heard the Ld. Counsel for the Applicant Bank.

¶26

The point that arise for consideration is whether the Applicant Bank is entitled for the claim made in the OA against the Defendants as prayed for?

¶27

Defendants remainedexparte. To substantiate the case of the Applicant Bank, AW.1, official of the Applicant Bank was examined and he exhibited relevant documents as Ex.A1 to A.9. In view of the above, I hold that the Applicant Bank has established their claim made in the OA against the Defendants and hence the Applicant Bank is entitled to recover the claim made in the OA with future^interest and costs.

¶28

B. In the result, the^present OA^is allowed^{with costs, as under:} The Defendants are^jointly and severally^liable to^{pay to the} Applicant Bank a total sum of Rs.21,76,119.63ps^(Rupees Twenty One Lakhs Seventy Six Thousand^{One Hundred} paise Sixty three only) with future interest @ date of application till the date^{of realization.}

¶29

i 10 JlJt^?ffi

¶30

(OA.No.83/202s)

¶31

The Applicant bank is entitled to^{proceed against the mortgaged} property as mentioned in the schedule to OA towards^{realizationof} the debt due;

¶32

The Applicant Bank is also entitled^{to proceed againstthe person} and^properties of defendants^{towards realization of the debt due.}

¶33

The Applicant Bank is entitled^{to the costs of the OA.}

¶34

The Applicant shall file^{a cost memo within two weeks from the date} of receipt of order.

¶35

Issue Recovery certificate^accordingly.

¶36

Communicate a copy^{of the order to the parties concerned'}

¶37

(Dictated to the P.A., transcribed by^{her,corrected,signedand pronouncedby me in the opencourt on} this the 1oth day of JulY,²⁰²⁵⁾

sd/(c. GoPICHAND)

PRESIDING OFFICER

offi"tt:ie?aaal

Bank of Baroda v. Mr. Methari Sathish

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. Mr. Methari Sathish

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

All orders in this case

Similar cases

D Bikshapathi versus The Sundaram Home FinanceLtd

Pasula Chandrashekar versus Union Bank of India

B N Ramgopal versus Idbi Bank

Canara Bank versus Mahanandi Siva Shankar Reddy

Union Bank of India versus Mr. Eppa Narendra

State Bank of India versus M/S. Sai Roshini Dendukuri