Allowed

Union Bank of India v. Mr. Mohammed Tahir

DRT24 Jul 2025OA/90/2025

Case brief

AI extract

What is this about?

Deputy Nationalized Bank Appellate Tribunal at Hyderabad allowed an application filed by Union Bank of India for recovery of dues from two defendants. The bank claimed principal amounts for housing and vehicle loans along with interest and future costs.

What did the court decide?

Defendants jointly and severally liable to pay Rs. 34,03,243.02 with future interest; claim secured by mortgage; Recovery Certificate to be issued.

Union Bank of India versus Mr. Mohammed Tahir — Contract and Commercial Disputes | DRT (2025)

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IN THE DEBTS^{RECOVERYTRIBUNAL.II AT HYDERABAD}

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DATED THIS THE^{24THDAY OF JULY,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: 90 OF 2025}

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Union Bank of^India., Mehdipatnam Branch 13-06-434 | 139,^MehdiPatnam Ring Road, Maruthi^Nagar Mehdipatnam,^Hyderabad -^{500008, TS.} Rep. by its Branch Manager.

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.....Applicant'

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Versus

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Mr. Mohammed^{Tahir,S/o.Patel lvlohammed} Afzal, Aged 47 Yearc,^{Plot No.58/Part}

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Sy.No.80/9, Kurmalguda

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Saroornagar Mandal,^{Ranga Reddy} District, Telangana State -^500005.

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Also at:-

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Mr. Mohammed Tahir, S/o.^{Patel lvlohammed} Afzal, Aged 47 Yeats, 18-13-8/18 Bandlaguda, wadi E Farhan, Hyderabad -^500005.

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Also at:-

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Mr. Mohammed Tahir, S/o. Patel^Mohammed Afzal, Aged 47 Years, Gladiator^Fitness Studio, Sai Ratna Arcade,^{Inner RingRoad} Durga Nagar, Nawab Saheb Kunta Mailardevpally, Hyderabad-500005.

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Mr. Md. Gulam Mustafa S/o. Mohammed Gulam Rasool Aged 37 Years, 8-3-228/678/ 1553 Sri Ram Nagar, Yousufguda, Hyderabad Telangana State - 500045.

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...Defendants

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: M/s.Srinivasa Rao Chakrala Counsel for the Applicant Defendants , er-Oa,rcfuioatg

oA.NO.90/202s

:: ORDER ::

The Applicant Bank filed the present OA for the recovery a total sum of Rs.34,03 ,243.OZps i.e., a sum of Rs.30,35,653.66ps towards Housing Loan A/c. No.554006650000196 and a sum of Rs.3,67,589.36ps towards Vehicle Loan Nc. No. 554006520000063 from the defendants joinuy and severa y with future interest @1oo/o & 10.45olo 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 through paper publication. They were set ex-parte on 25.06.2025 as called absent and no representation.

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The Applicant Bank examined pramod Singodia, Branch Manager, as AW-1 and marked 33 documents through him as Ex. A.1 to Ex. A.33.

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Heard the Ld. Counsel for the Applicant Bank. perused the written arguments and 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 Affidavit coupled with the recitals in the documents viz., Exs. A.1 to A.33 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

k<'!b

oA.NO.90/2025

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.90/2025 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.34,03,243.02ps i.e., a sum of Rs.30,35,653.66ps towards Housing Loan A/c. No.554006650000196 and a sum of Rs.3,67,589.36ps towards Vehicle Loan A/c. No. 554006520000063; with future interest @10%^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 rea lise its debu

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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 accoroinotv (/$,o'f

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oA.NO.90/2025

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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 24th Day of July, 2025).

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Ow*' (RAMESHWAR KOTHE) PRESIDING OFFICER

Union Bank of India v. Mr. Mohammed Tahir

Case brief

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What did the court decide?

Union Bank of India v. Mr. Mohammed Tahir

Case brief

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