Allowed

Icici Bank Limited v. Mr. Thirupathi Kurva

DRT10 Jul 2026OA/370/2026

Case brief

AI extract

What is this about?

The DRT allowed the original application filed by M/s ICIC1 Bank Limited for recovery of Rs. 33,34,031.28 plus future interest. The court held the bank entitled to recover dues and proceed against mortgaged/hypothecated assets. Recovery certificate directed.

What did the court decide?

Defendants jointly and severally liable to pay Rs. 33,34,031.28 with interest at 12.5% p.a.; bank entitled to proceed against mortgaged/hypothecated assets; recovery certificate to be issued.

Icici Bank Limited versus Mr. Thirupathi Kurva — Contract and Commercial Disputes | DRT (2026)

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IN THE DEBTS RECOVERY TRIBUNAL - !AT HYDERABAD DATED THIS THE loth DAY OF JULY, 2026

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PRESENT: SRI GUMMAD! GOPICHAND, PRESIDING OFFTCER

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OA. No. 370 OF 2026

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Between:

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M/s lClCl Bank Limited, H No l-4-5l2, H No1-4-5/3, Krishna Circle, Gadwal 509125, Dist Mahbubnagar Represented by its GPA Holder

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Applicant

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VERSUS

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Mr. Thirupathi Kurva

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S/o. Mrs Narsimhulu

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Age about 51 years, Occ; Agriculturist

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R/o.: 3-93-4, Nalladevuni Palli,

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Gadwal, Paramala Near Temple,

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Jogulamba (Gadwal),

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Telangana 509125

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Mrs. Saraswathi Kurva,

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S/o. Mr. ThirupathiKurva, Age about 51 years, Occ; Agriculturist

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R/o.: 3-93-4, NalladevuniPalli,

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Gadwal, Paramala Near Temp[e,

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Defendants

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. .'^:ji,. I^{/.rrYDE:*"C:7} \r:''-iEtR{ lrj./ :'-----zl

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(oA. No. 370/2026)

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Counsel for the parties :

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For The Applicant V. Dharmasuri For the Defendant Exparte Reserved on 09.07.2026 Pronounced on 10.07.2026 Upload in website on 10.07.2026

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ORDER

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The Applicant Bank filed the present OA against Defendant for recovery of a total sum of Rs.33,34,031.28 ps (Rupees Thirty Three Lakhs Thirty Four Thousand Thirty One and Twenty Eight paisa Only) with future rate of interest @14.5% p.a ( 12.5o/o plus 2o/o penal interest) with monthly rests from 03.06.2026 till the date of realization and in default for sale of Mortgaged Property and Hypothecated movables as mentioned in the Schedule of Property I and ll to OA.

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averments in the application, the Applicant Bank Defendants availed KCC loan of Rs.36,89,5001 with % p.a and executed Hypothecation Deed dated favor of the Applicant Bank. The defendants

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(oA. No. 370/2026)

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created equitable mortgage morefully mentioned in schedule of property I to OA and executed Mortgage Deed dated 14.11.2019 in favor of the applicant Bank. After availing the loan facility, the defendants failed to comply the terms of sanction, hence the applicant bank classified the account as NPA and issued Loan Recall Notice dated 17.03.2026 to the defendants . lnspite of several requests and demands, the defendants did not clear the outstanding. Hence this OA.

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Defendants called absent and set exparte on 09.07.2026.

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Sri. Kalva Rajayaswanth, Manager of the Applicant Bank examined himself as AW.1 and exhibited relevant documents, which are marked as Ex.A.1 to A.13.

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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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remained exparte. To substantiate the case of the k, AW.1, official of the Applicant Bank was '^{he exhibited relevantdocuments as Ex.A.1to} of the above, I hold that the Applicant Bank has

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(oA. No. 370/2026)

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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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ln the result, the present OA is allowed with costs, as under :

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The Defendants no. 1 and 2 are^jointly and severally liable to pay to the Applicant Bank a total sum of Rs.33,34,031.28 ps (Rupees Thirty Three Lakhs Thirty Four Thousand Thirty One and Twenty Eight paisa Only) with future rate of interest @ 12.5% p.a from 03.06.2026 till the date of realization.

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The Applicant Bank is entitled to^proceed against the^Mortgaged Property and Hypothecated Movables as mentioned^{in the} Schedule of Property I and ll to the^{OA towards realization of the} debt due.

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The Applicant Bank is entitled to^{proceed against the person} and properties of Defendants^{no. 1 and} 2^{towardsrealization} of the debt due.

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Bank is entitled to the costs of the OA.

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(oA. No. 370120261

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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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lssue 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 1Oth day of Jul, 2026)

¶47

sd/-
(G. GOPTCHAND)
PRESIDING OFFICER
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¶48

Icici Bank Limited v. Mr. Thirupathi Kurva

Case brief

What is this about?

What did the court decide?

Icici Bank Limited v. Mr. Thirupathi Kurva

Case brief

What is this about?

What did the court decide?

What the court decided

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