Allowed

Indian Bank v. Ms John Upvc Windowsand Doors

DRT10 Jul 2025OA/901/2023

Case brief

AI extract

What is this about?

, the Debts Recovery Tribunal allowed the bank's original application for recovery of a sum of Rs. 45.91 lakhs comprising cash credit and MSME term loan dues with future interest and costs against the ex-parie l, together and severally liable to pay the claim secured by way of hypothecated assets.

What did the court decide?

The defendants are jointly and severally liable to pay Rs. 45,91,366.47 with future interest @10.25% p.a. The bank is entitled to proceed against hypothecated assets and defendants' properties for rea

Indian Bank versus Ms John Upvc Windowsand Doors — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD DATED THIS THE 1OTH DAY OF ]ULY, 2025 PRESENT: SH. RAMESHWAR KoTHE, B.com., L.LB, (HonS.), [4,A, PRESIDING OFFICER

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ORIGINAL APPLICATION No: 901 OF 2023

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Indian Bank.,

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l,4aruthinagar Brcnch, No.g-3 -222/ I / t Sha limar Apartment, yousufguda Road Maruthinagar, Hyderabad. Rep. by its Authorized Signatory.

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.....Applicant.

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Versus

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M/s. lohn UpVC Windows & Doors Rep its Prop: t'4rs.Marepally Sampurna S-4, Tech nocrafts Industrial Estate Balanagar, Hydera bad - 5OOO37.

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N4rs.lviarepally Sam purna

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W/o. lvl r. I\4 a re p a I ly Sud haka r Major, Prop: M/s.John UpVC Windows &

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Doors, H. No.5- 5-35/262, Mythrinagar Besides I\4etro Kukatpally, Hyderabad-500072.

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Mr. Marepa lly Sudhakar S/o.l\4r.Marepally Ramulu

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Plajor, R/o. H. No.5- 5-35/262, Mythrinagar Besides [4etro Kukatpally, Hyderabad-500072.

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... Defenda nts

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Counsel for the Applicant : I\4r. R.V.Subba Rao

DeFendants

: Ex-parte

:: ORDER ::

The Applicant Bank filed the present OA for the recovery a total sum of Rs.45,91 ,366.47ps i.e., a sum of Rs,35,10,614.47ps /iihr - \ r.

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oA.NO.90u2023

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towards^{CashCredit with future interest @160lo P m and a sum} of Rs.10,80,752l-^{towards MSMETL with futureinterest} @9.25o/o^{p,m. from the defendantsjointly and severallywith} quarterly rests^{from the date of applicationtill the date of} realization^{along with costs and in default for sale of} hypothecated^assets.

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Summons^{served on D1 to 3 through paper publication'They} were set ex-parte^{on 30.04'2025 as called absentand no} representation.

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The Applicant^{Bank examinedG'Abhinay Kumar Reddy'Chief} Manager, as^{AW-1and marked31 documentsthrough himas} Ex. A.1to^{Ex. A.31.}

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Ld. Counsel^{for the ApplicantBank reported ordersmay be} passed through merits.^{Perusedthe written arguments and} material^{placed on record.}

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The^point that^{arises for considerationis:-}

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Whether the^{Applicant Bank is entitled} for the claim made in the^{OA against} the Defendants and^{OA hypothecated} assets?

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As stated^{supra, the Defendants remained ex-parte'The} Evidence Affidavit coupled^{with the recitalsin the documents} viz., Exs. A.1 to A.31^{markedon behalf of the Applicant Bank} clinches the claim of^{the Applicant Bank against the Defendants'} Hence, I hold that the Defendants^{are jointlyand severallyliable} to^pay the OA claim to the^{ApplicantBanf with futureinterest} and costs. ffi.a$

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oA.NO.901/2023

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In the result, the present Original Application No.901/2023 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.45,91,366.47ps i.€., a sum of Rs.35,10,614.47ps towards Cash Credit and a sum of Rs.10,80,752l- towards MSME TL; with future interest @10.250lo 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 hypothecation of assets described in the schedule annexed to the OA and the applicant bank is entitled to proceed against the same to realise its debU

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iii) the applicant bank is also entitled to proceed against the person and properties of

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.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 15th Day ofJuly, 2025).

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K"d

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ESHWAR KOTHE) PRESIDING OFFICER

Indian Bank v. Ms John Upvc Windowsand Doors

Case brief

What is this about?

What did the court decide?

Indian Bank v. Ms John Upvc Windowsand Doors

Case brief

What is this about?

What did the court decide?

What the court decided

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