Allowed

Hdfc Bank v. Kdf Enterprises

DRT9 Jul 2026OA/371/2026

Case brief

AI extract

What is this about?

In an ex-parte original application for recovery of dues, the tribunal held the defendants jointly and severally liable to pay the claimed sum with interest and costs, allowing the bank to proceed against the hypothecated vehicle and defendants' properties for realization.

What did the court decide?

Defendants ordered to pay sum of Rs.24,51,973.77 with future interest and costs; applicant bank entitled to proceed against hypothecated vehicle and defendant properties.

Hdfc Bank versus Kdf Enterprises — Contract and Commercial Disputes | DRT (2026)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDEMBAD DATED THIS THE O9TH DAY OF JULY, 2026

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PRESENT: SH. RAMESHWAR KOTHE, B.Com., L.LB. (HonS.), M.A, PRESIDING OFFICER

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ORIGINAL APPLICATION NO: 371 OF 2026

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HDFC Bank Ltd., Having its office at # 1-10-60/3 3d Floor, Suryodaya Complex Opp Shoppers Stop Begumpet, Hyderabad - 500016. Rep. by its Authorized Signatory.

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.....Applicant.

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Versus

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KDF Enterprises., Rep by its Proprietor Mohd Layeeq R/o. 78-2-45/A/43/B G M Colony Near India Famous Mart, Chandrayangutta Hyderabad, Telangana - 500005.

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Mohd Layeeq, S/o. Mohd Abdul Qadeer Age 32 Years, Occ: Business Rlo. tA-2-45/Alt6, Ghazi E Millat Colony Chandrayangutta, Bandlaguda Hyderabad, Telangana - 500005.

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Mohd Abdul Qadeer, S/o. Mohammed Bikku Sab, Age 65 Years, Occ: Business R/o. LA-2-45/ A/L6, Ghazi E Millat Colony Chandrayangutta, Bandlaguda Hyderabad, Telangana - 500005.

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... Defendants

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: M/s. Lotus Law Associates Counsel for the Applicant

Defenda nts

,r*-oun"4K.,

oa.No.371/2026

:: qLLL& ::

The Applicant Bank filed the^present OA for the^{recoverya total} sum of Rs.24,51,973.77ps from the defendants^{jointly and} severally with future interest @10.517o^p.a. compounded monthly from the date of application till the date of realization along with costs and in default for sale of hypothecated^vehicle.

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Summons sent to D1 to 3 returned with^{endorsement refused} hence, deemed to be served. They were set ex-parte on 07.O7.2026 as called absent and no representation.

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The Applicant Bank examined Adithya A S,^{Legal Manager, as} Aw-1 and marked 06 documents through her as Ex. A.1 to^Ex. A.06.

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Heard the Ld. counsel for the Applicant Bank.^Perusedthe 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 hypothecated vehicle?

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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.06 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. ,'l--.tt

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oA.NO.371l2026

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In the result, the present Original Application No.37l/2026 is allowed as under: -

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i) The Defendants are^jointly and severally liable to pay to the Applicant Bank a sum of Rs.24,51,973.77ps with future interest @10.51olo^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 vehicle 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^propertiesof defendants for realization of^its dues;

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iv) the applicant bank is entitled for the^costs.

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B. The Applicant Bank is directed to^{file Cost Memo within2 weeks} from the date of receipt of this Order.

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9. Issue Recovery Certificate accordingly.

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Communicate a copy of this order^{to the parties concerned'} si^g n ed a nd^p ro no u nce d

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lii:Iff iJ: ;:i'#,l"i,H;ied' "

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w#'

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(RA.MESHWAR KOTHE) PRESIDING OFFICER

Hdfc Bank v. Kdf Enterprises

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Kdf Enterprises

Case brief

What is this about?

What did the court decide?

What the court decided

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