Allowed

Hdfc Bank Ltd. v. M/S Shri Rama Transport Contractors

DRT2 May 2025OA/837/2023

Case brief

AI extract

What is this about?

TheDebts Recovery Tribunal-II at Hyderabad adjudicated an original application filed by HDFC Bank Ltd. for recovery of a loan. The respondents appeared ex-parte. The Tribunal accepted the evidence and documents marked on behalf of the bank, holding the respondents jointly and severally liable and allowing the application with interest and costs.

What did the court decide?

Respondents jointly and severally liable to pay Rs.33,40,237.03 with interest; secured by mortgage properties; recovery certificate issued; costs awarded.

Hdfc Bank Ltd. versus M/S Shri Rama Transport Contractors — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDEMBAD

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DATED THIS THE O2ND DAY OF MAY, 2025

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PRESENT: SH. MMESHWAR KOTHE. B.Com., L.LB. (Hons.), M.A. PRESIDiNG OFFICER

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ORIGINAL APPLICATIoN No: 837 oF 2023

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HDFC Bank Ltd., Department For Special Operations H.No.6-3-246 &. O-l-Zqat A. 3rc Floor, Desk No.0196. Roxana^palladium, noai lo. f. Banjara Hilts, (Besides Virinchi Hospitat), Hyderabad District - 500034. Rep. by its Authorized signatory.

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.....Applicant.

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Versus

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M/s.Shri Rama Transport Contractors., lgP^bI I:^{Proprietor,H.No.3-4_e/1,} Shivaji Chowk, CCI Road, Near Indian Oil, Pump, Tandur, Vikarabad District, Telangana - 50 1141.

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Also at: -

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M/s, Shri Rama Transport Contractors., Rep by its^proprietor, Survey No.9, Gouthapur Village, Tandur, Vikarabad District, Telangana _ 501141.

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Mr. Pralhad Kakade, S/o. Mr. Kakade Hanumanth Rao, Age 55 Years, Occ: Business, H.No.4-3-35l4, Vignanpuri Colony, Tandur Ward - 1, Vikarabad District, Telangana - 501141.

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N4s. K.Vasantha Bai, Wo.tvlr.pralhad Kakade, Age Major, Occ: Business, H.No.4-3-35l4, Vignanpuri Colony, Tandur Ward - 1, Vikarabad District, relansana - s01141. ,ftyZg

, .. Defenda nts

oA.NO.837/2023

Counsel^{for the APP|icant}

Defendants

M/s.M.V.^KINI

Ex-Parte

:: ORDER^::

The Applicant^{Bank filed the present OA for the recoverya total} sum of^{Rs.33,40,237 03ps as on 30'09'2023 fromthe} defendants^{jointlyand severally with future interest@18o/o p'a'} from the^{date of application till the date of realizationalong} with costs^{and in default for sale of OA scheduleproperties'}

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Summons^{served on D1 to 3They were set ex-parte on} 27.02.2024^{as called absentand no representation'}

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The Applicant^{Bank examined Srikanth Sukhavasi'Sr' Manager'} as AW-1^{and marked 58 documents through him as Ex' A'1 to} Ex.A.58.

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Ld. Counsel^{for the ApplicantBank reported ordersmay 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^{Applicant Bank is entitled} for the claim^{made in the OA against} the Defendants^{and OA schedule} ProPefties?

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As stated^{supra, the Defendants remained ex-parte The} Evidence Amdavit^{coupledwith the recitalsin the documents} viz., Exs.A.1 to A.58^{marked on behalf of the ApplicantBank} clinches the^{claim of the Applicant Bank against the Defendants'} Hence, I hold that^{the Defendants are jointly and severallyliable} to^pay the OA^{claim to the Applicant Balt with futureinterest} and costs. / --or,ll'-

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oA.NO.837/2023

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In the result, the present Original Application No.B37l2023 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.33,40,237.03ps as on 30.09.2023 with future interest @14.10o/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 mortgage of properties 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 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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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 according ly.

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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 o2^d Day of May, 2025).

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/bv.#"^ ^c
U u>"

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(RAMESHWAR KOTHE) PRESIDING OFFICER

Hdfc Bank Ltd. v. M/S Shri Rama Transport Contractors

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd. v. M/S Shri Rama Transport Contractors

Case brief

What is this about?

What did the court decide?

What the court decided

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