Allowed

Canara Bank v. M/S. Goshen Exim

DRT15 Jul 2026OA/83/2026

Case brief

AI extract

What is this about?

The DRT-IAT allowed the Bank's recovery application against a partnership firm and its guarantors for loan recovery. The court held that the bank established its claim through documentary evidence and examination of an officer, entitling the bank to recover the outstanding principal with future interest and proceed against mortgaged properties of the firm and properties of the guarantors.

What did the court decide?

Defendants pay Rs.9,25,95,133.00 plus future interest; bank may proceed against mortgaged properties and defendants' properties; Recovery Certificate issued.

Canara Bank versus M/S. Goshen Exim — Service and Employment | DRT (2026)

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IN THE DEBTS RECOVERY TRIBUNAL - IAT HYDERABAD DATED THIS THE 15th DAY OF JULY, 2026

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PRESENT: SRI cUMMADI GOPICHAND, PRES|DtNG OFFICER

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OA. No.83 OF 2026

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Between :

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Canara Bank, 10-1-5t12A, Entrenchment Road, Maredpalli Branch, Secunderabad, Telangana, -500026 Represented by its Officer VERSUS

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Applicant

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M/s. Goshen Exim, 1-4, BoduppalVillage, Opp.Ambedkat Statue, Medipally Mandal, Medchal - Malkajgiri District, Telangana 500092. Rep.by Partners. Dharminder Tulsidass Sio. Tulsidass and Bommaku Ramesh S/o. Pochaiah PAN AAVFGsOT4F

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Dharminder Tulsidass S/o. Tulsidass, Aged about 48 years, Occ. Business, R/o.1 -4-1 05, Kandiguda, Sainikpuri, Secunderaad. 500 094

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ffi\ "^{15JUL2026 :} *h-b"-#'

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(oA. No. 83/2026)

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J. Ojha Vijay

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S/o. Govind Gopal Ojha, Aged about 51^years, Occ. Business, R/o. 1-5-258, Kaman Road, Karimnagar

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Telangana, -505001.

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Bommaku Ramesh Sio. Pochaiah, Aged about 56^years, Occ. Business, R/o.^'t-4, Boduppal Village, Opp. Ambedkat Statue, Medipally Mandal, Medchal - Malkajgiri District, Telangana .500 092

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Defendants

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Counsel for the^parties:

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For The Applicant For the Defendants no. 1 & 4 For the Defendants No.2 & 3

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Reserved on

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Pronounced Upload in * 1^rs JUL^?tl26

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S. Sainathan

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Sri. B. Ravi

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Exparte 14.07.2026 15.07.2026 15.07.2026

(oA. No. 83/2026)

ORDER

The Applicant Bank filed the present OA against Defendants for recovery of a total sum of Rs.9,25,95,133.00. (Rupees Nine Crores Twenty Five Lakhs Ninety Five Thousand One Hundred And Thirty Three Only) with future rate of interest @12.60%^{p.a with monthly rests from} 01.01.2026 till the date of realization and in default for sale of Mortgaged Properties as mentioned in the Schedule of Property to OA.

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As per the averments in the application, the Applicant Bank states that Defendant no.1 is a partnership firm represented by its Partners Defendants no. 2 to 4 availed OCC/ODBD loan of Rs.275.00 Lacs with interest @10.45% p.a with monthly rests and executed necessary documents such as Cash Credit Agreement dated 24.03.2023, Common Hypothecation Agreement dated 24.03.2023 in favor of the Applicant Bank. The Defendant no. 2 and 3 stood as a Guarantor and executed Guarantee Agreement dated 24.03.2023 in favor of the Applicant Bank. The Defendants created equitable mortgaged morefully mentioned in the Schedule of property to OA and executed

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of Deposit of Title Deeds dated 23.032023 and in favor of the Applicant Bank. The and enhanced the above mentioned loan ,^{,F-'-"--gS'-"--1-i} ' -facilitiej from--.time* time and executed necessary loan

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:;1
, :$.
itx24 3

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(OA. No. 83/2025)

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documents such as^{Supplemental Common Hypothecation} Agreement daled^{26.04.2024, Supplemental Collateral Security} Agreement dated^{26.04.2024in favor of the ApplicantBank ln} terms of renewal^{and enhancementof loan facilitiesthe} defendants executed^{Memorandum of Deposit of Title Deeds} dated 03.05.2024^{in favor of the Applicant Bank After availing} the loan facility,^{the defendantsfailed to comply the termsof} sanction, hence^{the applicant bank classifiedthe accountas} NPA and issue Recall^{Notice dated 25j12025 to the} defendants. lnspite^{of severalrequestsand demands'the} defendants^{did not clear the outstanding'Hence this OA'}

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Sri. B. Ravi^{filed Vakalat on} behalf of Defendant^{No. 1 and 4.} and 4 not filed^{and hence} WS of Defendant^No.1 Defendants^{No. 1 and 4} called absent^{and set exParte on} 14 07.2026. Defendants^No. 2 and 3 called^{absent and set} exparte on^29.06.2026.

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Authorized Officer^of the Applicant^Bank Sri. Juganti^Nikhil, examined^himself as AW.1 and^exhibited relevant documents, which Ex.A.1 to A.44.

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the Applicant^Bank. * ii:^1sJUL7''2E 6. fo, nsideration is whether the^APPlicant {IrE^{point that arise} claim made in the OA against^the oa*iih'5H,e^{n ti t I e} il Df &

(oA. No. 83/2026)

Defendants remained exparte. To substantiate the case of the Applicant Bank, AW.1 , official of the Applicant Bank was examined and he exhibited relevant documents as Ex.A. 1 to A.44. ln view of the above, I hold that the Applicant Bank has established their claim made in the OA against the Defendants and hence the Applicant Bank is entifled 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 to 4 are joinily and severally liable to pay to the Applicant Bank a total sum of Rs.9,2S,95,133.00. (Rupees Nine Crores Twenty Five Lakhs Ninety Five Thousand One Hundred And Thifi Three Only) with future rate of interest @12.60%^{p.a from} 01.01.2026 tiil the dateof reatization.

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The Applicant Bank is entitled to proceed against the Mortgaged Properties as mentioned in the Schedule of property to the OA towards reallzation of the debt due.

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The Applicant Bank is also entitled to proceed against the

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person and properties of Defendants no. 2 to 4 and properties pany towards realization of the debt due.

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(oA. No. 83/20261

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That Applicant Bank^{is entitled to the costs of the OA.}

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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, signedand pronouncedby me in the open courton} this the 15th day^{of Jul, 2026)}

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sd/(G. GOPICHAND) PRESIDING OFFlCER

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0"fr*w

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Fr-r..1, HYOERI/.BAD

Canara Bank v. M/S. Goshen Exim

Case brief

What is this about?

What did the court decide?

Canara Bank v. M/S. Goshen Exim

Case brief

What is this about?

What did the court decide?

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