Allowed

Hdfc Bank Ltd., v. Mrs. Bandi Vijaya

DRT8 Apr 2025OA/855/2023

Case brief

AI extract

What is this about?

In an indepts recovery matter, the Debt Recovery Tribunal allowed the bank's application for recovery of dues from three respondents jointly and severally liable, dismissing the claim against a deceased fourth defendant due to lack of pressing need.

What did the court decide?

Defendants 1-3 jointly and severally liable to pay Rs.59,50,632.32 with future interest; claim secured by mortgage of properties.

Hdfc Bank Ltd., versus Mrs. Bandi Vijaya — Cheque Dishonour | DRT (2025)

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IN-HE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD DATED THIS THE OBTH DAY OF APRIL, 2025

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

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ORIGINAL APPLICATION No: 855 OF 2023

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HDFC Bank Ltd., Having its office at Bank House # 6-3-246 &.6-3-244/A,6th Floor, Roxana Palladium, Road No.1, Banjara Hills, Hyderabad - 500034. Rep. by its Authorized Signatory.

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.....Applicant.

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Versus

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Mrs.Bandi Vijaya, Wo.Kumaraswamy, Aged about 50 Years, Occ: Business, R/o.H.No. 17-1-150, Karimabad, Srrthota, Near Brilliant High School, Warangal, Warangal District - 506002.

¶8

Mr.Bandi Mohan, S/o.Kumaraswamy, Aged about 35 Years, Occ: Business, R/o.H.No. 17-1-150, Karimabad, Srrthota, Near Brilliant High School, Warangal, Warangal District - 506002.

¶9

Mr.Bandi Naveen Kumar, S/o.Kumaraswamy, Aged about 29 Years, Occ: Business, R/o.H.No. 17-1-150, Karimabad, Srrthota, Near Brilliant High School, Warangal, Warangal District - 506002.

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¶11

Mr.Koppula Sridhar, S/o.Upplaiah, Aged about 46 Years, Occ: Business, / ,. . r Rfo,H.No.17- t-tiL/i, Karimabad, >^(\\Ut Prcss 0"*".1 U.tr.rraU) Srrthota, Near Brilliant High School, Warangal, Warangal District - 506002. ... Defendants

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Counsel for the Applicant : Mr.M.Srinivas Reddy

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Defendants : Ex-parte 4w*.,

oA.NO.85s/2023

::^qLLE& ::

The Applicant Bank filed^{the present OA for the recovery a total} sum of Rs.59,50,632.32ps from the^{defendantsjointlyand} severally with @ 11%^p.a. from^{04.07.2023to the date of} award/decree and thereafter @18o/o P.a.^{compoundedwith} monthly rests from the date of^{applicationtill the date of} realization along with costs and in default^{for saleoF OA} schedule^properties.

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Summons served on D1 to 3.^{They were set ex-parte0n} 05.08.2024 as called absent^{and no representation.Counsel for} applicant stated that they are no^{pressingthe OA against} deceased D4. Hence, OA is dismissed against^D4.

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The Applicant Bank examined D.Suresh,^{DeputyLegal Manager,} as AW-l and marked 11 documents^{through him as Ex. A.1 to} Ex. A.11.

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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 is:-

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

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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.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^jointly and severally liable

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oA.NO.855/2023

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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.855/2023 is allowed as under: -

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i) The Defendants 1 to 3 are jointly and severally liable to pay to the Applicant Bank a sum of Rs.59,50,632.32ps with future interest @10.05% 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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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 08th day of April, 2025).

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.,/ i\rn , . . ^!i I _ ^.,'\ti" (RAT4ESHWAR KOrHE) PRESIDING OFFICER

Hdfc Bank Ltd., v. Mrs. Bandi Vijaya

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd., v. Mrs. Bandi Vijaya

Case brief

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What did the court decide?

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