Allowed

Union Bank of India v. Tammisetti Subbarao Civil Contractor

DRT25 Mar 2025OA/949/2023

Case brief

AI extract

What is this about?

On an ex-parte basis, the Bank recovered a claim of Rs. 57,18,919.96 along with interest and costs against joint and several defendants, securing the debt via mortgaged properties and issuance of a Recovery Certificate.

What did the court decide?

Defendants jointly and severally ordered to pay Rs. 57,18,919.96 with interest; Recovery Certificate issued.

Union Bank of India versus Tammisetti Subbarao Civil… — Civil Procedure and Limitation | DRT (2025)

¶1

IN THE DEBTS RECOVERY TRIBUNAL.II AT HYDERABAD

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DATED THIS THE 25th DAY OF MARCH, 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: 949 OF 2023

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Union Bank of India., R.P.Road Branch, Bunglow No.109, New No.1-7-252 to 254, Oxford Street, Sarojini Devi Road, Secunderabad.

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Rep. by its Authorized Officer.

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.....Applicant.

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Versus

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Tammisetti Subbarao Civll Contractor, Rep by its Prop.T. Dhana la kshmi, Plot No.8-5-150, 1't Portion, SB lvlallikarjuna Colony, Road No.4, Old Bowenpally, Secundera bad, Telangana - 500011.

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2, T, Dha na la ksh mi, W/o. Late T.Subba Rao,

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Major, Occ: Business,

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R/o. D. No.6-73l 19/2A, Nandipally, Dichpally, Nizamabad, Telangana-503175.

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T.V.Sai Krishna, S/o.Late T.Subba Rao, Major, Occ: Business, R/o. D. No.6-73l 19/2A, Nand ipa lly, Dichpally, Nizamabad, Telangana-503175.

¶15

T.Venkata Lakshmi, D/o.Late T.Subba Rao, Ri o.D.No,6-73l19/2A, Na nd ipa lly, Dichpally,Nizamabad,Telangana-503175. ....Defendants

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Counsel for the Applicant

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: M/s.V.Sethu Madhava Rao

Defendants

:Ex-Darte(M,*

oA.NO.949/2023

::^qLLEB ::

The Applicant Bank filed the^{present OA for the recovery a total} sum of Rs.57,18,919.96ps under Cash^Credlt A/c. No.327305010050058 from^{the defendants jointlyand} severally with future interest @10.50o/o^{p.a. with monthlyrests} from the date of application till the^{date of realizationalong} with costs and in default for sale of OA^{scheduleproperty.}

¶24

Summons served on^D1 to 4 through^{paper publication. They} were set ex-parte on 28.f0.2024 as called^{absentand no} representation.

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The Applicant Bank examined Anirudh Vijay,^{Manager, as AW-1} and marked 25 documents through^{him as Ex. A.1 to Ex. A.25.}

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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 propefty?

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As stated supra, the Defendants remained ex-parte.^The Evidence Affidavit coupled wlth the recitals in the documents viz., Exs. A.1 to A.25 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 //)lr\\-,/ - c

and costs. 7^-'rV-'

oA.NO.949/2023

In the result, the present Original Application No.94912023 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,57,18,919.96ps under Cash Credit A/c.No.327305010050058 with future interest @10.85o/o 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 property 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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d. 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 25th Day of March,2025).

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'u6\trf

¶42

ESHWAR KOTHE) PRESIDING OFFICER

Union Bank of India v. Tammisetti Subbarao Civil Contractor

Case brief

What is this about?

What did the court decide?

Union Bank of India v. Tammisetti Subbarao Civil Contractor

Case brief

What is this about?

What did the court decide?

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