Allowed

Indian Bank v. Mr Pitter Badruddin

DRT12 Jun 2026OA/890/2025

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an Original Application filed by Indian Bank for recovery of Rs. 7,62,92,673.58 plus interest and costs against two defendants who remained in absentia. The court held the defendants jointly and severally liable and empowered the bank to realize dues under an equitable mortgage and against other properties.

What did the court decide?

Defendants ordered to pay Rs. 7,62,92,673.58 plus future interest; Recovery Certificate to be issued; Applicant entitled to proceed against mortgaged and other properties.

Indian Bank versus Mr Pitter Badruddin — Banking and Recovery | DRT (2026)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD DATED THIS THE 12TH DAY OF JUNE, 2026 PRESENT: SH. RAMESHWAR KOTHE, B.Com. L.LB. (Hons.), M,A. PRESIDING OFFICER

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ORIGINAL APPLICATION No: 890 OF 2025

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INDIAN BANK

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Having its Head Office at Avvai Shanmugam Salai, Royapettah, Chennai. Tamil Nadu - 600014 And one of its branch at 20/9 lB, Co-Operative Nagar, Near Nehru park, Kadapa, AP - 516001 Rep. by its Sr. Manager

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.......Applicant

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Versus

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Mr. Pitter Badruddin S/o Mr.^pitter Mahaboob peera .D.alo.^{8/ 188- 1, Almaspeta,}

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YSR Kadapa Dist, Andhra^pradesh - 516001

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ALSO AT

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14533 Diamond park Ln, Conroe, Texas - 77394, United States of America

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ALSO AT

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10503, Flaxen Manor CT Spring, TX, 77379 United States of America

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ALSO AT

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D No. 2-17-1, GM Talkies, Banaganapalle, Nandyal District, Andhra Pradesh - 5LBL24 /-. OWp

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oA.NO.890/202s

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2)^{Mrs. Shaikbegum Kogatam Thahara} w/o Mr.^{Pitter Badrudoln} o. t'{o.A/^{ree- r, AImasPeta'} YsR Kadaoa^Dist, nndnra^{Piadesh- 516001}

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ALSO AT Park^Ln, 14533^Diamond Conroe,^Texas- 77384, United^{States of} America

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ili :'*'x^{l,"l * t",tsl3F i[l;,, -}

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AI SO AT i *^ :-r z-r. GM Talkies, 6u"ug""iPurl",^{NandYalDistrict'} Andhra^{Pradesh- 51ur z'+}

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. .. Defendants

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: Mr.^{Hemanth Kumar Vemuri} Counsel^{for the Applicant}

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Counsel^{for the Defendants}

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: Ex-Parte

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:: OB-DI&^::

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The Applicant^{Bank filed the present OA for the recovery a total} sum of^{Rs. 7,62,g2,673'5aps from defendants1 & 2 jointlyand} severally^{with futureinterest@(9 85o/o + 2olo Penal) p'a with} monthly^{rests from 02'09'2025till the date of realizationalong} with costs^{and, in default, saleof OA mortgaged properties'}

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Though^{Defendantsenteredappearance through their counsel} Ms. V.^{Priyanka, they did not chooseto file writtenstatement'} Accordingly,^{defendants' right of filing written statem-entwere} ,4'u"t)1,rY\

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//''v't'

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oA.NO.89Ol202s

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forfeited and were set exparte on 28.04.2026 as called absent and no representation.

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The Applicant Bank examined Mr. Ayush Kumar, Branch Manager, as AW-l and marked 11 documents through them as Ex.A.1 to Ex.A.11.

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Heard ex-parte arguments from the Ld.

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Counsel of the Applicant Bank. 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 entiued for the claim made in the OA against the Defendants and OA mortgaged properties?

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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.11 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 ivith future interest and costs.

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In the result. the present Original Application No.890/2025 is allowed as under: -

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i) The Defendants 1 & 2 are joinuy and severally liable to pay to the Applicant Bank a sum Rs. 7,62,92,673.58 ps with future Ow*

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oA.NO.890/202s

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interest @^{11olo p'a' simple from the date of} application^{till the date of realization;}

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ii) the^{OA claim is secured by an equitable} mortgage^{created in favour of the Applicant} Bank through^{the Memorandum of Deposit of} Title^{Deeds marked under Ex'A-4i'e''} particularly^{described in the Scheduleof} Properties,^{as set out at pages 39 to 43 of} the material^{papers annexed to the OA'} Accordingly,^{the Applicant Bank is entitled' to} proceed against^{the same for realization of its} outstanding^dues'

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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 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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q Issue Recovery^{Certificate accordingly'}

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10.^{Communicate a copy of this order to--the.parties9olt"tn"9-"*} ^- (Dictated to tne^{steno, cJrlected,sisnedand pronouncedo'/2UtH yit-"af "^} this the^{12th Dav of June' 2026)'} ( / ,l d^)V'',.^'' (R}ilTESHWAR KOTHE) PRESIDING^OFFICER

Indian Bank v. Mr Pitter Badruddin

Case brief

What is this about?

What did the court decide?

Indian Bank v. Mr Pitter Badruddin

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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