Allowed

Hdfc Bank Ltd., v. Madharam Ramesh

DRT27 Feb 2025OA/849/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's Original Application against four defendants appearing ex-parte, holding them jointly and severally liable to repay the outstanding loan amount with interest and proceed against secured mortgage properties.

What did the court decide?

Defendants jointly and severally liable to pay Rs. 22,33,671.39 plus interest; Recovery Certificate issued; costs awarded to applicant bank.

Hdfc Bank Ltd., versus Madharam Ramesh — Contract and Commercial Disputes | DRT (2025)

¶1

IN THE DEBTS RECOVERY TRIBUNAL.II AT HYDEMBAD DATED THIS THE 27T11 DAY OF FEBRUAEMRY, 2025

¶2

PRESENT: SH. RAMESHWAR KoTHE, B.com., L.LB. (Hons.), M.A. PRESIDING OFFICER

¶3

ORIGINAL APPLICATION No: 849 OF 2023

¶4

HDFC Bank Ltd., Having its office at Bank House # 6-3-246 & 6-3-244/A, 6th Ftoor, Roxana Palladium, Road No.1, Banjara Hills, Hyderabad - 5OOO34. Rep. by its Authorized Signatory.

¶5

.....Applicant.

¶6

Versus

¶7

Mr.Madharam Ramesh, S/o.Mallesham, Aged about 48^years, Occ: Farmer, R/o. H. No.7- 1- 164, Bairamatguda, Karmanghat, Saroornagar Mandal, Ranga Reddy District - 5OOO79.

¶8

Also at:-

¶9

C/ o.7- 106/2, Begumpet Viltage, Kandukur Mandal, Ranga Reddy District- 50 1359.

¶10

Mr.Fladharam Mallesham, S/o.Venkaiah, Aged about 72yearc, Occ: Farmer, R/o.H.No. 7- 706/ 2, Begumpet Vi age, Kandukur Mandal, Ranga Reddy District_50 1359.

¶11

N4r.Madharam Sudhamani, Wo.Mallesham, Aged about 72^years, Occ: Housewife, R/o.H.No. L- 706/ 2, Begumpet Village, Kandukur Mandal, Ranga Reddy District_501359.

¶12

14 r. Dussari Satyanarayana, S/o.Balaiah, Aged about 40^years, Occ: Business, R/o. H. No.1-32, Nomuta Vi age, Ranga Reddy District - 501508.

¶13

fui"$ ... Defenda nts

¶14

oA.NO.849/2023

¶15

¶16

Counsel^{for the APPlicant}

¶17

Defendants

¶18

: Mr.M.Srinivas^ReddY

¶19

: Ex-Parte

¶20

:: ORDER^::

¶21

The Applicant^{Bank filed the presentOA for the recovery a total} sum of^{Rs.22,33,671.39psfrom the defendantsjointly and} severally^{with@ 11Vo p a from 16 '06'2023(cash credit & term} loan facility)^{the statement date to the date of award/decree} and thereafter^{@18o/oP.a. compounded with monthlyrests} from the^{date of applicationtill the date of realizationalong} with costs^{and in default for sale of OA scheduleproperties'}

¶22

Summons^{served on D1 to 4'} TheY were^{set ex-Parteon} no representation.

¶23

12.07 .2024^{as called absentand}

¶24

Bank examined^{D.Suresh, DeputyLegal Manager'}

¶25

1. The ApPlicant marked 11^{documents through him as Ex A l to}

¶26

as AW-1^and Ex. A.11.

¶27

Bank reported^{orders may be}

¶28

1. Ld. Counsel^{for the APplicant} the material Placed^{on record'}

¶29

passed through^{merits Perused}

¶30

The^{point that arises for considerationis:-}

¶31

Whether^{the Applicant Bank is entitled} for the claim^{madein the OA against} the^{Defendantsand OA schedule} properties?

¶32

As stated^{supra, the Defendants remained ex-parte The} Evidence^{Affidavitcoupledwith the recitalsin the documents} aw#

¶33

¶34

oA.NO.849/2023

¶35

viz., Exs.A.1 to A.11 marked on behalf of the Applicant Bank clinches the claim of the Applicant Bank against the Defendants. Hence, I hold that the Defendants are joinHy and severally liable to pay the OA claim to the Applicant Bank with future interest and costs.

¶36

In the result, the present Original Application No.B49l2023 is allowed as under: -

¶37

i) The Defendants 1to 4 are joinuy and severally liable to pay to the Applicant Bank a sum of Rs.22,33,671.39ps with future interest @10.05o/o p.a. simple from the date of application till the date of realization;

¶38

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;

¶39

iii) the applicant bank is also entiued to proceed against the person and properties of defendants for realization of its dues;

¶40

iv) the applicant bank is entiued for the costs.

¶41

The Applicant Bank ls directed to file Cost Memo within 2 weeks from the date of receipt of this Order.

¶42

Issue Recovery Certificate accordinltv Oy*g

¶43

oA.NO.849/2023

¶44

Co^{m m u n i ca te a co pv of th i s ord er} ::^ I ::: * ".t" i""l!""',lit; 3?.[i]':':r1':ff:LlJ,-.^{i];";;;;;^{p'*un'"abv mein the open courton} iiitii"^{,r,nday of February' 2o2s)'} [lx"@ rnIfirsHwnR^KorHE) PRESIDING^OFFICER

Hdfc Bank Ltd., v. Madharam Ramesh

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd., v. Madharam Ramesh

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

Similar cases

chakradhara agarbathi industries versus Syndicate Bank

Narmula Santhosh Kumar versus Bank of Baroda

The Axis Bank Limited., versus Siris Impex

Hdfc Bank Ltd., versus Kante Sai Charan

Hdfc Bank Ltd., versus S Satish Chandra Reddy

Karnataka Bank Limited versus M/S Someswara Cotton Corporation