Allowed

M/s. Dcb Bank Limited v. Mr. Yoganatha Choudary

DRT12 Jun 2026OA/317/2026

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed the Original Application filed by the Bank for recovery of dues against the defendants, holding them liable to pay the principal sum, interest, costs, and proceed against mortgaged and personal properties.

What did the court decide?

Defendants directed to pay Rs. 30,89,538.87 with future interest at 13% p.a.; Applicant entitled to proceed against mortgaged and personal properties for realization of dues.

M/s. Dcb Bank Limited versus Mr. Yoganatha Choudary — Contract and Commercial Disputes | DRT (2026)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDEMBAD DATED THIS THE 12-'H DAY OF JUNE, 2026 PRESENT: SH. RAMESHWAR KOTHE, B.Com. L,LB. (Hons.), M,A. PRESIDING OFFICER

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ORIGINAL APPLICATION No: 317 OF 2026

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M/s. DCB Bank Limited Corporate & Registered Office: 6th Floor, Tower A, Peninsula Business pa rk Senapati euput M;rg,^"' Lower Parel, Mumbai -400013 Having its Branch office at Ward No.5, Property No. 4/732, 4/733, 4/734 & 4/735, Well Come Gate, Kollagallu Village, Bellari District-583104

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......Applicant

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Versus

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Mr. Yoganatha Choudary S/o M Chinarangappa R/o No 5/100, Chinthakunta Village, Halaharvi Mandal, Chinthakunta, Kurnool-518348

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Mrs. Malyala Lakshmi Wo^M. Yoganatha Chowdary, No 5/100 Chinthakunta Village, Halaharvi Mandal, Chinthakunta, Kurnool-518348

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...Defendants

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Counsel for the Applicant : D & G Law Firm Counsel for the Defendants , a> *"r.S / / l "',\r' r,',/

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oA.NO.317l2026

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:: ORDER^::

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The Applicant^{Bank filed the present OA for the recovery a total} sum of^{Rs. 30,89,53887 ps from defendants 1 & 2 withfuture} interest @13olo^{p.a. from O3'092025 till the date of realization} along^{with costs and, in default' sale of OA mortgaged} properties.

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Summon^{served on Defendants 1 & 2 and were set exparteon} 08.06.2026^{as called absentand no representation'}

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The Applicant^{Bank examined Mr' Shreedhar Deshpande' Senior} Portfolio^{Manager, as AW-1 and marked 9 documents through} them^{as Ex'A.1to Ex'A'g'}

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Heard^{ex-parteargumentsfrom the Ld Counsel of the} Applicant^{Bank. Perusedthe materialplaced on record'}

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The^{point that arises for considerationis: -}

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Bank is^entitled Whether^{the APP|icant} for the^claimmadein the OA^against the Defendants^and OA mortgaged properties?

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As stated^{supra, the Defendants remained ex-parte The} Evidence^{Affidavitcoupledwith the recitals in the documents} viz., Exs.A.l^{to A.9 markedon behalfof the ApplicantBank} cllnchestheclaimoftheApplicantBankagainsttheDefendants. Hence, I^{hold that the Defendantsare liableoo} '! )x#"lu',^ to the^{Applicant Bank with future interestand coslsyk6\J</sup>}

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oA.NO.317l2026

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In the result, the present Original Application No.3L7/2026 is allowed as under: -

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i) The Defendants 1 & 2 are jointly and severally liable to pay to the Applicant Bank a sum Rs. 30,89,538.87 ps with future interest @13olo 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 properties as 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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'v)

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the applicant bank is entiiled 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 according ly.

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Communicate a copy of this order to the parties concerned.

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(Dictated to the steno, corrected, signed and pronounced by me i4the open court on this the 12th Day of June,2026). //W_"r\

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(RAM(SHWAR KOTHE) PRESIDING OFFICER

M/s. Dcb Bank Limited v. Mr. Yoganatha Choudary

Case brief

What is this about?

What did the court decide?

M/s. Dcb Bank Limited v. Mr. Yoganatha Choudary

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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