Allowed

Canara Bank v. M/s Asher Constructions

DRT19 Feb 2026OA/856/2025

Case brief

AI extract

What is this about?

In an ex-parte original application filed for recovery of dues, the Presiding Officer found that the evidence affidavit and marked documents established the Defendants' liability. The application was allowed holding them jointly and severally liable to pay the claimed sum with interest.

What did the court decide?

Directing Defendants to pay Rs. 1,90,25,796.97 with future interest; OA secured by mortgage and hypothecation; Recovery Certificate to be issued.

Canara Bank versus M/s Asher Constructions — Banking and Recovery | DRT (2026)

¶1

IN THE DEBTS RECOVERY TRIBUNAL.II AT HYDERABAD DATED THIS THE 19th DAY OF FEBRUARY,2026

¶2

PRESENT: SH. RAMESHWAR KOTHE, B.Com, L.LB.^(Hons.),M.A'

¶3

PRESIDING OFFICER

¶4

ORIGINAL APPLICATION No: 856^{OF 2025}

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Canara Bank, Ananthapuram Main II Branch, Station Road, Anantapur, Andhra Pradesh - 515004. Rep. by its Chief Manager, Senior Manager, Manager

¶6

......Applicant.

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Versus

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M/s Asher Constructions Represented by its^{prop SolomonAdriel SundarRaj} D.No. 11-904, Aravind^{Nagar, 1st cross} Ananthapur, Andhra^{Pradesh- 515001}

¶9

Solomon Adriel Sundar^Raj S/o Late Oliver Solomon D.No. 11-904, Aravind^{Nagar, 1st cross} Ananthapur, Andhra^Pradesh -⁵¹⁵⁰⁰¹

¶10

Rita C Solomon Wo^{Late Oliver Solomon} D.No. 11-904, Aravind^{Nagar, 1st cross} Ananthapur, Andhra^Pradesh -⁵¹⁵⁰⁰¹

¶11

P. Chinnappa ReddY, S/o Late SuryanaraYana^ReddY D.No. 1-36, GondireddYPalli, Ananthapur, Andhra^Pradesh -⁵¹⁵⁷²²

¶12

...Defendants

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Counsel for the^APPIicant : Mr. P. Sai Chandrasekhar

¶14

Counsel for the^Defendants : ;:x-oariefuS

oA.NO.8s61202s

:: ORDER ::

The Applicant Bank filed the present OA for the recovery a total sum of Rs. L,90,25,796.97 ps with future interest @ 13^o/o p.a. with monthly rests from 19.07.2025 till the date of realisation and, in default, sale of OA schedule moveable and immoveable assets/ properties.

¶19

Summon served on defendants and were set ex-parte on 30.10.2025 as called absent and no representation.

¶20

The Applicant Bank examined Mr. B. Noorsamad, Senior Manager, as AW-1 and marked 17 documents through him as Ex.A.1 to Ex.A.17.

¶21

Heard the ex-parte argument from the Ld. Counsel of the applicant. Perused the material placed on record.

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The point that arises for consideration is: -

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Whether the Applicant Bank is entitted for the claim made in the OA against the Defendants and OA moveable and i m m ovea b le a ssets/ prope ft ies?

¶24

As stated supra, the Defendants remained ex_parte. The Evidence Affidavit coupled with the recitals in the documents viz., Exs.A.1 to A.17 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.

¶25

In the result, the present Original Application No.856/2025 is allowed as under: -

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oA.NO.856/2025

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i) The Defendants are^jointly and severally liable to pay to the Applicant Bank a sum of Rs. 1,90,25,796.97 ps with future interest @ 11.600/o p.a. simple from the date of application till the date of realization;

¶28

ii) the OA claim is secured by way of mortgage of Schedule- I & II of immoveable^properties and hypothecation of Schedule A assets described in the schedule annexed to the OA and the applicant is entitled to^proceed against the same to reallse its debts under respective accounts;

¶29

iii) the applicant bank is also entitled to^proceed against the person and^properties of 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 within^{2 weeks} from the date of receipt of this Order.

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Issue Recovery Certifi cate accordi ngly.

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Communicate a copy of this order to the^{paftiesconcerned.}

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(Oictated to the steno, corrected, signed and^pronounced by me in the open court on this the 19th Day of February,2026)

¶35

ffi*,wr (RAMESHWAR KOTHE) PRESIDING OFFICER

Canara Bank v. M/s Asher Constructions

Case brief

What is this about?

What did the court decide?

Canara Bank v. M/s Asher Constructions

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

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