Allowed

Hdfc Bank v. Tokala Nageswara Rao

DRT16 Sept 2025OA/86/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed the Original Application filed by a bank for recovery of dues. The court held defendants jointly and severally liable to pay the claimed sum with interest based on evidence marked on record. Recovery certificate was issued.

What did the court decide?

Directing defendants to pay Rs. 9.31 crore plus interest and costs; allowing bank to proceed against mortgaged properties and defendants' assets; issuing recovery certificate.

Hdfc Bank versus Tokala Nageswara Rao — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025

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

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PRESIDING OFFICER

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ORIGINAL APPLICATION No: 86 OF 2023

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H DFC BanK Ltd., Bank House Department for Special Operations, H.No.6-3-246 e 6-3-2441A 3rd Floor, Roxana Palladium, Road No.1 Banjara Hills, (Besides Virinchi Hospitals) Hyderabad - 500034, Hyderabad District. Rep. by its Authorized Signatory.

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.....Applicant.

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Versus

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Tokala Nageswara Rao, S/o. Radhakrishna Age lvlajor, Occ: Business, Door No.6/34 Main Road, Kadiyam Mandal, Dulla East Godavari District - 533126 Andhra Pradesh.

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Also at:-

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Tokala Nageswara Rao, S/o. Radhakrishna Age Major, Occ: Business, Door^No.104-3-522 Ganesh Nagar, Near Golden Celebrations Function Hall, Hukumpeta, Rajahmundry East Godavari District, Andhra Pradesh-533107.

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Mr. Nageswara Rao Tokala S/o. Radhakrishna, Age Major, Occ: Business Door No.6-320/G 103, Flat^No.103 Ground Floor, Sri Ganesh^Heights Ganesh Nagar-II, Pidimgoyya^Village Panchayat Rajahmundry Rural East Godavari, Andhra Pradesh^-533106.

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l,lrs.Uma Ma heswari^Tokala W/o. T.Nageswara Rao,^{Age Major} Occ: Business, Door No.6-320/G103,^{Flat No.103} Ground Floor, Sri Ganesh^Heights Ganesh Nagar-II, PidimgoYYi)vtttaee/^wxr

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oA.NO.86/2023

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Panchayat Rajahmundry Rural East Godavari, Andhra Pradesh -533106.

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Mr.Mehar Rajasekhar Konatham S/o. Konatam Venkata Rao Late Age Major, Occ: Business D.No.70-5l1-65/A1, Thota Subbarao Nagar, 4th Street, Rama nayyapeta APSP Camp, Kakinada Rura I Andhra Pradesh - 533005. ... Defendants

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Counsel for the Applicant : M/s. M.V.KINI Defendants :Ex-parte

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:Ex-parte

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:: ORDER ::

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The Applicant Bank filed the present OA for the recovery a total sum of Rs.9,31,98,100.3ps as on 02.t2.2O22 & !7.t2.2022 from the defendants jointly and severally with future interest @18o/o^p.a. from the date of application till the date of realization along with costs and in default for sale of OA schedule properties.

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WS was hereby forfeited on t7.t1.2023 and DE was hereby forfeited and set ex-parte on 11.09.2025. Hence, they were called absent and no representation.

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The Applicant Bank examined Srikanth Sukhavasi, Senior Manager, as AW-1 and marked 64 documents through him as Ex. A.1 to Ex. A.64.

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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 s,-fu*J

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oA.NO.86/2023

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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.64 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 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.86/2023 is allowed as under: -

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i) The oefendants are^jointly and severally liable to^pay to the Applicant Bank a sum of Rs.9,31,98,100.3ps with future interest @9.75olo^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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oA.NO.86/2023

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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 16th Day of September, 2025).

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PRESIDING OFFICER

Hdfc Bank v. Tokala Nageswara Rao

Case brief

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Hdfc Bank v. Tokala Nageswara Rao

Case brief

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