Allowed

Hdfc Bank v. Ashok Kumar

DRT28 Apr 2026OA/621/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's application for recovery of outstanding dues from two defendants. The Court found the defendants jointly and severally liable for the balance amount after deducting a portion of the debt that was settled, and ordered sale of hypothecated vehicles.

What did the court decide?

Defendants jointly and severally liable to pay the balance debt with interest; sale of hypothecated vehicles allowed; recovery certificate issued.

Hdfc Bank versus Ashok Kumar — Contract and Commercial Disputes | DRT (2026)

¶1

IN THE DEBTS RECOVERY TRIBUNAL-I] AT HYDERABAD DATED THIS THE 28TH DAY OF APRIL,²⁰²⁶

¶2

PRESENT: SH, RAMESHWAR KOTHE, B.COM.,^{L.LB. (HONS,),M.A'} PRESIDING OFFICER

¶3

ORIGINAL APPLICATION No: 621^{OF 2023}

¶4

H DFC Bank Ltd., Having its offlce at # 1-10-60/3, 3rd Floor, 3A, Suryodaya^ComPlex, Begumpet, Hyderabad - 500016. Rep. by its Authorlzed Signatory.

¶5

.....Applicant.

¶6

Versus

¶7

D Ashok Kumar

¶8

S/o. Beerpuri Dasari, Occ:^Business Age 53 Years, R/o. Flat^No.109 Daffodil Block^{KrishnaKunj Gardens} Near Govt High School, Quthbullabpur KV, Hyderabad, Telangana -^500055.

¶9

Also at:-

¶10

H. No.1-4-8791541^{1a, StreetNo 8} Ga ndhinagar Road,^{BakaramGandhi} Nagar, Vingneswar^{Enclave, Ga ndhi} Nagar, Kavadigu, Hyderabad,^{Telangana-500019.}

¶11

Dasari Anitha^Kumari S/o. Boluke Bantu,^{Occ: Business} Age 5O Years,^{R/o. Flat No.109} Daffodil Block Krishna^KunjGardens Near Govt High School, Quthbullabpur KV, Hyderabad,^Telangana -^500055.

¶12

...Defendants

¶13

: Mr. Srihari Bathina Counsel for the Applicant

¶14

Defendants : Ex-Pa rte '^{'". . -'} {"

¶15

oA.NO.621/2023

¶16

:: qLLEE ::

¶17

The Applicant Bank filed the present OA for the recovery a total sum of Rs.50,18 ,tO7.43ps towards Loan A,/c. Nos.62041O 14, 62627977 & 119044605 from the defendants joinuy and severally with future interest @13.51yo, 7!.25o/o & 7.660lo p.a. along with interest @2olo p.m. from the date of application till the date of realization along with costs and in default for sale of hypothecated vehicles.

¶18

Summons served on D2 and was set ex-parte on 29.70.2024 as called absent and no representation. Summons served on D1 through paper publication and was set ex-parte on 18.06.2025 as called absent and no representation.

¶19

The Applicant Bank examined A S Adithya, Legal Manager, as AW-1 and marked 09 documents through her as Ex. A.1 to Ex. A.09. The applicant bank filed part satisfaction memo dated 10.03.2026 stating that the defendants settled/closed two Loan A/c. Nos.62041014 & 119044605 for an amount of Rs.31,94,300/-.

¶20

Heard the Ld. Counsel for the Applicant Bank. perused the material placed on record.

¶21

The point that arises for consideration is:-

¶22

Whether the Applicant Bank is entitted for the claim made in the OA against the Defendants and OA hypothecated vehicles?

¶23

As stated supra, the Defendants remained ex-parte. The

¶24

Evidence Affidavit coupled with the recitals in the documents m^tr$

¶25

oa.No.627l2023

¶26

viz., Exs. A.1 to A.09 marked on behalf of the^{Applicant Bank} clinches the claim of the Applicant Bank against the^Defendants. Hence, I hold that the Defendants are^{jointlyand severallyliable} to pay the oA claim,^(Less Rs.31,94,300/-) to the^Applicant Bank with future interest and^costs.

¶27

In the result, the^present Original Application^{No.62112023is} allowed as under:^-

¶28

i) The Defendants are^jointly and^severally liable to pay to the Appllcant^Bank a^total sum of Rs.50,18,107.43ps towards^Loan A/c. Nos.62041014, 62627911 &^119044605 (Less Rs. 31,94,300/- towards settled/closed two Loan A/c. Nos.62041014 &^119044605) with future interest @13.51o/o^{p.a. simple} from the date of apPlication till the^{date of} realization;

¶29

ii) the OA claim is secured bY^{way of} hypothecation of vehicles described^{in the} schedule annexed to the OA and^the applicant bank is entitled to^{proceed against} the same to realise its debt;

¶30

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

¶31

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

{ry$\

oA.NO.621/2023

B. The Applicant Bank is directed to file Cost Memo within 2 weeks from the date of receipt of this Order.

¶36

Issue Recovery Certifi cate accordingly.

¶37

Communicate a copy of this order to the parties concerned. (Oictated to the steno, corrected, signed and pronounced by me in the open court on this the 28th Day of April, 2026).

¶38

ffi+.n'I. ESHWAR KOTHE) PRESIDING OFFICER

Hdfc Bank v. Ashok Kumar

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Ashok Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

The Yes Bank Limited versus M/s. Sai Manikanta Infra Projects.

Karre Radha versus LIC Housing Finance Ltd.

State Bank of India versus Mr. Naresh Banothu

Punjab National Bank versus Mr Laxminarayana Narasimulu Palakurki

Union Bank of India versus Amma Petroleum Company.

The Axis Bank Ltd. versus Mr. Manopadu Swamy