Allowed

Hdfc Bank v. Calcutta Cargo Movers

DRT22 Jun 2026OA/459/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an original application for debt recovery filed by HDFC Bank Ltd. against three defendants who remained ex-parte. The court held the defendants liable for the claimed principal amount with future interest and costs, directing a recovery certificate to be issued.

What did the court decide?

Defendants jointly and severally liable to pay Rs. 20,65,356.79 with future interest at 9.25% p.a.; bank entitled to proceed against hypothecated vehicles and properties; recovery certificate issued.

Hdfc Bank versus Calcutta Cargo Movers — Banking and Recovery | DRT (2026)

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IN THE DEBTS RECOVERY TRIBUNAL-]I AT HYDERABAD

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DATED THIS THE 22ND DAY OF ]UNE, 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: 459 OF 2023

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HDFC Bank Ltd., H.No.1-10-60/3, 3rd Floor, Suryodaya Complex, Opp. Shoppers Stop, Begumpet, Hyderabad - 500016. Rep. by its lYanager - Legal

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......Applica nt

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Versus

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CALCUTTA CARGO MOVERS Rep. by its proprletor Rl o.16-2- 746 / 40, IvIALAKPET, WARD NO.16, HYDERABAD, TELANGANA-5OOO36

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HAWA SINGH CHOWDARY S/o Nand Lal Chowdary Age: 54 Years, Occ: Business R/ o. 16-2- 746 / 40, IYALAKPET, WARD NO.16, HYDERABAD, TELANGANA-5OOO36

¶10

Also at:

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HAWA SINGH CHOWDARY S/o Nand Lal Chowdary 2, GAONKA SARVAJANIK CHOWK HAMIMPUR, TH CHHAWA, TEHSIL PILANI, RA]ASTHAN-333031

¶12

MUKESH CHOWDARY S/o HAWA SINGH CHOWDHARY Age: 32 Years, Occ: Business R/ o.76-2- t46/ 40, MALAKPET, WARD NO.16, HYDEMBAD, TELANGANA-500036,'"t t- .. . Defendants / /1.,.wL... \, /././/"1-lh'l" ulv

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oA.NO.4s9l2023

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Counsel for the^APPlicant

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Lotus Law^Associates

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Counsel for the^Defendants

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: Ex-^parte

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:: O-LLE-L^::

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The Applicant Bank^{filed the present OA for the recovery a total} sum of Rs.^{20,65,356.79ps i.e., Rs 16,34,16806 ps from} defendants¹ to³ iointly^{and severallywith future interest@} 9.88o/o^p.a. and^{Rs. 4,31,188.73ps from DefendantNo 2 with} future interest @^{14olo p.a' with monthly rests from the date of} application till^{the date of realizationalong with costs, and in} default, sale of^{OA hypothecated vehicles'}

¶20

Summonses served^{on Defendants 1 to 3 throughpaper} publication and were set exparte on^{?7.09'2024 as called} absent and no representation.

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The Applicant^{Bankexamined Ms. SumayaShaik, Legal} Manager, as AW-1^{and Ms. Adithya AS, Legal Manager,as AW-2} and marked 12 documents^{throughthem as Ex A'1 to Ex A 12'}

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Heard Learned Counsel^{for the ApplicantPerused the material} placed on record.

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The^point that arises^{for conslderationis: -}

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Whether the Applicant^{Bank is entitled} for the claim made in the^{OA against} /AW t / t'/ / /v<--'-i^u':(

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oA.NO.459/2023

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the Defendants and OA hypothecated vehicles?

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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.12 marked on behalf of the Applicant Bank clinches the claim of the Applicant Bank against the Defendants. Hence, I hold that the Defendants are 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.459/2023 is allowed as under: -

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i) The Defendants 1to 3 are jointly and severally liable to pay to the Applicant Bank a total sum of Rs. 20,65,356.79 ps i.e., Defendants 1 to 3 are jointly and severally liable to pay a sum of Rs. 16,34,168.06 ps and Defendant No.2 is liable to pay Rs. 4,37,LaA.73 ps with future interest @ 9.25olo 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 vehicles as described in the schedule annexed to the OA and the applicant bank is entitled to proceed against the same to reatise its deb{fu,.,, t)b (-/ -"-u^u

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oA.NO.4s9l2023

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iii) the applicant bank^{is also entitled to proceed} against the^person and^{properties of} defendants for realizition^{of its dues;}

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iv) the applicant bank^{is entitledfor 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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Issue Recovery^{Certificate accordingly.}

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Communicate a^{copy of this order to the parties concerned'} this the 22"d Day ofJune,^2026).

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/ffiyrut\ SHWAR KOTHE) PRESIDING OFFICER

Hdfc Bank v. Calcutta Cargo Movers

Case brief

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What did the court decide?

Hdfc Bank v. Calcutta Cargo Movers

Case brief

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