Allowed

Bank of Baroda v. M/S. Kamal Enterprises

DRT22 Jul 2025OA/93/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an application filed by Bank of Baroda for recovery of Rs. 77,01,891.54 with interest and costs against defendants, holding them jointly and severally liable. The court also authorized realization from hypothecated vehicles and attached property.

What did the court decide?

Defendants directed to pay Rs. 77,01,891.54 with interest and costs; Bank to proceed against hypothecated vehicles, attached property, and defendants' person/properties.

Bank of Baroda versus M/S. Kamal Enterprises — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDEMBAD DATED THIS THE 22NO DAY 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: 93 OF 202f

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Bank oF Baroda., Bathalapa lle Branch Bathalapalle, Ananthapur Dist Andhra Pradesh - 515661. Rep. by its Chief Manager.

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.....Applica nt.

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Versus

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M/s. Kamal Enterprises., Rep by its^prop; Mr.Sake Sri Kumar Door No.12-4-955, Block No.4 Adarsh Nagar, Anantapur Town Ananta pur District, Andhra pradesh_515001.

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Mr. Sake Sri Kumar

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S/o. Srt Sake marenna, Aged 45 years Door No.12-4-955, Btock No.4 Adarsh Nagar, Anantapur Town Anantapur District, Andhra pradesh_515001.

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. .. Defenda nts

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Cou nsel for the Applicant : M/s. Trivikram Chitturu 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.77,01,891.54ps from the defendants joinUy and severally with future interest @11.85o/o p.a. with monthly rests from the date of application till the date of realization along with costs and in default for sale of hypothecated vehicles. ff9.'-.a1l.-q t''' u

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oA.NO.93/202s

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SummonsservedonDland2'Theyweresetex-parteon 08.04.2025^{as called absentand no representation'}

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The Applicant^{Bank examinedA'surendranath'Branch} Manager,^{as AW-1 and marked 11 documentsthrough himas} Ex. A;1 to^{Ex' A.11.}

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Ld. Counsel^{for the ApplicantBank reported ordersmay be} passed through^{merits. Perused the 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^{madein the OA against} the Defendants^{and OA hypothecated} vehicles?

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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 Defendantsare jointlyand severallyliable} to^pay the^{OA claim to the Applicant Bank with future interest} and costs.

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In the result, the^{present Original ApplicationNo'93/2025 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.77,01,891.54ps with future^interest @11.85o/o^{p.a. simple from the date of} application tiil the date^oC reatizaiofu,otf

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oA.NO.93/2025

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ii) the OA claim is secured by way of hypothecation of vehicles 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 immovable property described in schedule annexed to IA 997/2025 and attached vide order dated 28.04.2025 to realise its debt;

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iv) the applicant bank is also entifled to proceed against the person and properties of defendants for realization of its dues;

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v) the applicant bank is entitled for the costs.

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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 accord ing ly.

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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 rhrs rhe 2z.d Day of luty, 2025).

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li*r_, .o16 / -/ ^''> !>

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(RAMESHWAR KOTHE) PRESIDING OFFICER

Bank of Baroda v. M/S. Kamal Enterprises

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. M/S. Kamal Enterprises

Case brief

What is this about?

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