Allowed

Kotak Mahindra Bank Limited v. Mr. Kothapalli Chand Pasha

DRT7 May 2026OA/308/2026

Case brief

AI extract

What is this about?

In an original application for debt recovery, the Debts Recovery Tribunal allowed the bank's claim against two defendants who appeared ex-parte. The order affirmed joint and several liability and authorized proceedings against hypothecated assets.

What did the court decide?

Defendants liable to pay Rs. 21,43,834.80 with future interest; bank entitled to recover from hypothecated assets and defendants' person/properties; issue recovery certificate.

Kotak Mahindra Bank Limited versus Mr. Kothapalli Chand Pasha — Banking and Recovery | DRT (2026)

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IN THE DEBTS RECOVERY TRIBUNAL-iI AT HYDERABAD

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DATED THIS THE OTth DAY OF MAY, 2026

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PRESENT: SH. RAMESHWAR KOTHE, B.Com., L.LB. (Hons.), Nl.A.

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PRESIDING OFFICER

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ORIGINAL APPLICATION No: 308 OF 2026

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Kotak Mahindra Bank Ltd., Having its Office at 3'd Floor, lewel Pawani Towers, Raj Bhavan Road, Somajiguda, Hyderabad-500082. Rep. by its Authorized Signatory.

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.....Applicant.

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Versus

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lYr. Kothapalli Chand Pasha, S/o. Mr. Kothapalli lahangeer, R/ o.7-44, Tavaklapur Pradana Nagar, Gundlapally, Nalgonda, Tela nga na^- 508 2 58.

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Mrs. lvlohammed Raziya Begum, W/o. lYr, Kothapalli Chand Pasha, Rlo.!-44, Tavaklapur Pradana Nagar, Gundlapally, Nalgonda, Telangana-508258

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..Defendants

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Counsel for the Applicant

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Defendants

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: M/s. N.B.Sudharshan

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i Exparte

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:: qLLqE::

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The Applicant Bank filed the^present oA for the recovery a total sum of Rs.21,43,834.80ps as on 16.06.2025 from^the defendants^jointly and severally with future interest @18%^p.a,

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) tir.r_ - , - ' rr- :^' I )''

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oA.NO.308/2026

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from the date of application till the date of realization along with costs and in default for sale of Hypothecated assets.

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Summons served on D1 & D2. They were set exparte on 06.05.2026 as called absent and no representation.

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The Applicant Bank examined Mr. Abhishek P.S, Legal Manager, as AW-1 and marked 7 documents through her as Ex. A.1 to Ex. A.7.

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Heard the learned counsel for the Applicant Bank. 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 foi 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 recitals in the documents viz., Exs. A.1 to A.7 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 and costs.

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In the result, the present Original Application No.308/2026 is aflowed as under: -

ffi*+u

oA.NO.308/2025

i) The Defendants are jointly and severally liable to^pay to the Applicant Bank a sum of Rs.21,43,834.80/- with future interest @14.33olo^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 defendants for realization of its dues;

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iv) 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 accordingly.

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Communicate a copy of this order to the^parties concerned, (Didated to the steno, corrected, signed and pronounced by me in the open court on this the 7rh oay of May, 2026). (/,/ // ,QWg/. ^ry/ .:4.,v '

¶39

(RAMESHWAR KOTHE) PRESIDING OFFICER

Kotak Mahindra Bank Limited v. Mr. Kothapalli Chand Pasha

Case brief

What is this about?

What did the court decide?

Kotak Mahindra Bank Limited v. Mr. Kothapalli Chand Pasha

Case brief

What is this about?

What did the court decide?

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