Allowed

Hdfc Bank Ltd. v. Mr. Mohammed Fareeduddin

DRT15 Sept 2025OA/891/2022

Case brief

AI extract

What is this about?

In an ex-issue recovery petition, the Bank recovered debts totaling Rs. 1.21 crore from two defendants found jointly and severally liable, secured by mortgaged properties. Court allowed the claim with future interest and costs.

What did the court decide?

Defendants jointly and severally ordered to pay Rs. 1,21,93,885.41 with future interest; OA claim secured by mortgage properties; Recovery Certificate issued for enforcement.

Hdfc Bank Ltd. versus Mr. Mohammed Fareeduddin — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDEMBAD DATED THIS THE 15TH DAY OF SEPTEMBER, 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: 891 OF 2022

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HDFC Bank Ltd., Having its office at # 1-10-60/3 3'd Floor, Suryodaya Complex, Begumpet Secunderabad f4andal, Hyderabad - 500016. Rep- by its Authorized Signatory.

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.....Applicant.

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Versus

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Mr.Mohammed Fareeduddin S/o. Khaja Hasnuddin, Aged about 42 Yeats, Occ: Proprietor of

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M/s. Ajwa World Trade, 4-3-537 & 538 Nakoda Complex, Shop No.107, Koti Hyderabad - 500095.

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Also at:-

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Mr. Mohammed Fareeduddin C/o. Flat No. A Block, G - R KPM Residency, H.No.3- 5-7a2/ 521 7 I J King Koti, Hyderabad - 500065.

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Also at:-

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C/o. M/s.Ajwa World Trade # 4-7-27 to 4-l-337, lst Floor, Sagar Plaza, Troop Bazar, Hyderabad - 500001.

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Mrs. Lubna Kousar, W/o.Mr.Mohammed Fareeduddin, Aged about 37 Years Occ: Housewife, R/o.Flat No. A Block G-R KPM Residency, H.No.3-5-7821521 t/J King Koti, Hyderabad - 500065.

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...Defendants

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Counsel for the Applicant : M/s.M.Srinivas Reddy

Defenda nts

:Ex-oarte 7%i"r

oA.NO.891/2022

:: ORDER ::

The Applicant Bank flled the present OA for the recovery a total sum of Rs.1,21,93,885.41ps i.e., a sum of Rs.32,86,041.08ps(Rs.8,59,314.70ps towards A/c. No.59849377 & Rs.24,26,726.38ps towards A/c. No.96507515) and a sum of Rs.89,07,844.33ps(Rs.63,05,180.85ps towards Alc. No. 8337 7 967, Rs.4,82,4A4 I - towards A/c. No. 50200033662556 & Rs.21,20,179.48ps towards A/c.No.8144084) from the defendants jointly and severally wtth 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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Summons served on D1 and 2. They were set ex-parte on 05.03.2024 as called absent and no representation.

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The Applicant Bank examined V.V.Pavan Kumar, Legal Manager, as AW-1 and marked 16 documents through him as Ex. A.1 to Ex. A.16 and examined Gayathri P S, Legal t4anager, as AW-2 and marked 07 documents through her as Ex. A.17 to Ex. A.23.

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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 futr"v

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oA.NO.891/2022

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viz., Exs. A.1 to A.23 marked on behalf of the Applicant Bank clinches the claim of the Applicant Bank against the Defendants. Hence, I hold that the Defendants are joinfly 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.891/2022 is allowed as under: -

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i) The Defendants are jointly and severally liable to pay to the Applicant Bank a total sum of Rs.1,21,93,885.41ps i.e., the 1st defendant is liable to pay a sum of Rs.32,86,041.08ps (Rs.8,59,314.70ps towa rds A/c.No.59849377 & Rs.24 ,26 ,7 26.38ps towards A/c. No. 96507515) and the defendants 1& 2 are jointly and severally liable to pay a sum of Rs.89,07,844.33ps ( Rs.63,0 5,180.8sps towards A/c. No. A3377967, Rs.4,82,484/ - towards A/c. No. 50200033662556 & Rs.21,20,179.48ps towards A/c. No. 8L44084)i with future interest @8.45olo 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; OVor*'

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oA.NO.891/2022

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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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9 Issue Recovery Certificate accordingly.

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10 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 15th Day of September, 2025).

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PRESIDING OFFICER

Hdfc Bank Ltd. v. Mr. Mohammed Fareeduddin

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd. v. Mr. Mohammed Fareeduddin

Case brief

What is this about?

What did the court decide?

What the court decided

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