Allowed

Canara Bank v. Sri Qamar Ahmed Qureshi

DRT27 May 2025OA/96/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an application filed by Canara Bank against two defendants for recovery of Rs.3.26 crores arising from home loans, interest, penal charges, and for proceeding against mortgaged properties. The defaulting defendants were heard ex-parte.

What did the court decide?

Defendants declared jointly and severally liable to pay Rs.3,26,18,093.36 with future/penal interest and costs; bank allowed to proceed against mortgaged properties.

Canara Bank versus Sri Qamar Ahmed Qureshi — Consumer Protection | DRT (2025)

¶1

IN THE DEBTS RECOVERY TRIBUNAL-I AT HYDERABAD

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DATED THIS THE 27TH DAY OF MAY, 2025

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PRESENT: SRI GUMMADI GOPICHAND, PRESIDING OFFICER

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OA.No.96 ot 2025

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Between:

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Canara Bank, Mehdipatnam branch, 10-3-3A, Mehdipatnam, Hyderabad, TS - 500 028. Represented by its authorized signatory

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Applicant

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VERSUS

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Sri Qamar Ahmed Qureshi, s/o Sri Iqbal Ahmed Qureshi, aged about 45 years, male, occ: private employee, R/o flat no.B, building no.7, street no.220, Ezdan 5, A I Wakra PO Box no.8677, Doha, Qatar - 8677.

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Also at

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H.No. 10-3-14 /B/ tL/ l, Humayun Nagar, Mehdipatnam, Hyderabad TS - 500 091.

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Also at

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R/o 9-4-87/l/l/8, flat no.304, -€/r l*-
.f, *rnr ' '' , .,<
Tolichowki, AI Kareem colony, ir' 5 , rt * ' (t'i"t "'.-;il" ' " .VSl.\o;i
Golconda, Hyderabad - 500 008.
r,P {$ ?
Also at
O/o Altarakit Trading & Contractin
{. zrilAyzozs I
1't floor, office no.11 zone 51,
Bldg 59, street no.7B0, Faisal Bin
Jassim street, Garrafa, Qatar.
W**9

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(OA.No.96/202s)

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Mr. Aftab Ahmed Qureshi, s/o Sri Iqbal Ahmed eureshi, aged about 40 years, male, occ: business, R/o 13-6-437 /7 /2/8, bahadur Yar Jung Colony, eadar bagh, Golconda, Hyderabad- 500 008.

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Defendants

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Counsel for the Parties:

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For the Applicant

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For the Defendants

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M/s. Chavan Associates law firm Exparte

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ORDER

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The Applicant Bank filed the present OA against Defendants for recovery of a total sum of Rs.3,26,18,093.36ps (Rupees Three Crores Twenty Six Lakhs Eighteen Thousand Ninety three and paise Thirty Six only) i.e.,

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a) A sum of Rs.79,25,922/- under home loan account with future interest @ 8.80o/o p,a along with 2o/o penal interest from t2.03.2025 till the date oF realization;

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b) A sum of Rs.88,85,397/- with future interest @ 9.05o/o p.a along with 2o/o penal interest from 12.03.2025 till the date of rea lization ;

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c) A sum of Rs.85,37,724.36ps with future interest @ 9.05o/o p.a from 12.03.2025 till the date of

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(oA.No.96/202s)

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d) A sum of Rs.72,69,050/- with future interest @ 9.05% p.a along with 2o/o penal interest from 12.03.2025 till the date of realization;

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and in default for sale of mortgaged properties as mentioned in the schedule to OA.

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As per the averments in the application, the Applicant Bank states that defendant no.1 through defendant no.2 power of attorney horder of defendant no.1 avaired housing roan of Rs.72.00 rakhs vide sanction memorandum dated 29.03.2023. Defendant no.2 executed housing roan agreement dated 31.03.2023 in respect of oA schedure property. Defendant no.1 represented by poA holder / defendant no.2 executedRegd Memorandum of deposit of titre deeds bearing document no.L034/2023. The defendants avaired two home roans of Rs.75.00 lakhs and Rs.65.00 lakhs and created equitable mortgage by deposit of tiUe deeds. After availing the loan facilities, the defendants failed to comply the terms of sanction, hence the applicant bank classified the account as NpA on 14.03.2024 and issued legar notice dated 03.02.202s. Inspite of severar requests and dem a nds, the4ffidaets did n ot clear the outstanding. Hence "^{;: f.::.-\i1} ttlt-\ th is oA. /'ia.tr"-:.,. l/ L\ l/ ** ;i l .,-| 'ii " It: ?t 3. Defe ndar So.til^z called absent.ah d set exparte on 15.05.2025. :.j ,'- . ././ /

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(oA.No.96/202s)

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Sri U. Sandeep, Senior Manager of the Applicant Bank examined himself as AW.1 and exhibited relevant documents, which are marked as Ex.A.1 to A.38,

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Heard the Ld. Counsel for the Applicant Bank.

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The point that arise for consideration is whether the Applicant Bank is entitled for the claim made in the oA against the Defendants as prayed for?

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Defendants No.1 & 2 remained exparte. To substantiate the case of the Applicant Bank, AW.l, official of the Applicant Bank was examined and he exhibited relevant documents as Ex.Al to A.3g. In view of the above, I hold that the Applicant Bank has established their claim made in the OA against the Defendants and hence the Applicant Bank is entitled to recover the claim made in the OA with future interest and costs.

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B. In the result, the present OA is allowed with costs, as under: The Defendants No.1 and 2 are jointly and severally liable to pay to the Applicant Bank a total sum of Rs.3,26,18,O93.36ps (Rupees Three Crores Twenty Six Lakhs Eighteen Thousand Ninety three and paise Thirty Six only) i.e.,

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a) A sum of Rs. - under home loan account with future inte m 12.03.2025 till the date of

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(oA.No.96/202s)

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b) A sum of Rs.88,85,397/- with future interest @ 9.05o/o p.a from 12.03.2025 till the date of realization;

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c) A sum of Rs,85,37,724.36ps with future interest @ 9.05o/o p.a from 12.03.2025 till the date of realization;

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d) A sum of Rs.72,69,050/- with future interest @ 9.05o/o p.a from t2.03.2025 till the date of realization;

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The Applicant bank is entitled to proceed against the mortgaged properties as mentioned in the schedule to oA towards realization of the debt due;

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The Applicant Bank is also entiUed to proceed against the person and properties of defendants towards realization of the debt due.

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The Applicant Bank is entiUed to the costs of the OA,

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The Applicant shall file a cost memo within two weeks from the date of receipt of order.

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Issue Recovery certificate accordingly.

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Communicate a copy of the order to the parties concerned.

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(Dictated to the P.A., transcribed by her, corrected, signed and pronounced by me in the open court on this the 27th day of May, 2025)

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sdl(G. GOPTCHAND) PRESIDING OFFICER

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:uT*

Canara Bank v. Sri Qamar Ahmed Qureshi

Case brief

What is this about?

What did the court decide?

Canara Bank v. Sri Qamar Ahmed Qureshi

Case brief

What is this about?

What did the court decide?

What the court decided

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