Disposed

Arun R v. Hdfc Bank Limited

Kerala HC18 Dec 2023OP (DRT)/102/2023

Case brief

AI extract

What is this about?

Petitioners, legal representatives of a deceased account holder, filed an appeal against an DRT order which directed the bank to file a recovery petition for insurance proceeds deposited. On the day of hearing, both parties confirmed the loan account was closed and all dues received. The Court directed immediate release of the deposited amount to the petitioners.

What did the court decide?

Directed the Tribunal to release the deposited amount payable directly to the petitioners.

Arun R Vs Hdfc Bank Limited — Banking and Recovery | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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MONDAY, THE 18TH DAY OF DECEMBER 2023 / 27TH AGRAHAYANA, 1945

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OP (DRT) NO. 102 OF 2023

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AGAINST THE ORDER/JUDGMENT OA 373/2005 OF DEBT RECOVERY TRIBUNAL-1,
ERNAKULAM

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PETITIONERS:

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1ARUN R
AGED 40 YEARS
S/O LATE K. REGHUNATHAN, TC 11/748, KRISHNA BHAVAN,
KESAVADASAPURAM, PATTOM, THIRUVANANTHAPURAM, PIN - 695004
2PARVATHI S
AGED 43 YEARS
D/O LATE K. REGHUNATHAN TC 11/748, KRISHNA BHAVAN,
KESAVADASAPURAM, PATTOM, THIRUVANANTHAPURAM, PIN - 695004
3SUSHAMA K
AGED 72 YEARS
W/O LATE K. REGHUNATHAN, TC 11/748, KRISHNA BHAVAN,
KESAVADASAPURAM, PATTOM
THIRUVANANTHAPURAM, PIN – 695004

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BY ADVS.
C.S.MANU
DILU JOSEPH
C.A.ANUPAMAN
T.B.SIVAPRASAD
C.Y.VIJAY KUMAR
MANJU E.R.
ANANDHU SATHEESH
ALINT JOSEPH

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RESPONDENT:

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HDFC BANK LIMITED
(ERSTWHILE THE CENTURION BANK LTD) S.L.PLAZA,
ERNAKULAM BRANCH,
REPRESENTED BY ITS MANAGER LEGAL AND POWER OF ATTORNEY
HOLDER, PIN – 682025

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SRI.PRADEESH CHACKO

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THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON
18.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P (DRT) NO.102 Of 2023

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JUDGMENT

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Dated this the 18^th day of December, 2023

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The petitioners are legal representatives of the deceased 1^st defendant in O.A.No.373 of 2005 of the Debts Recovery Tribunal-1, Ernakulam. The 1^st defendant passed away on 29.10.2018. By the final order dated 29.11.2022, the Debts

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Recovery Tribunal directed as follows:-

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“12. As stated supra the Insurance Company on 12.01.2017 submitted two demand drafts amounting to Rs. 19,60,224/- to the Registrar and accordingly as per order of this Tribunal dated 25.11.2016 the Registry has deposited the DD into DRT-1 account and obtained a Fixed Deposit receipt for the said amount. The applicant bank is directed to file appropriate petition before the Tribunal to get the amount transferred to the loan account of the defendants. After adjustment of the amount, the applicant bank is directed to file fresh PA confirming whether the amount has been adjusted against the outstanding loan due payable by the defendants and further if the deposit amount exceeds the claim of the applicant bank, the excess amount shall be paid to the defendants. If the total claim along with the accrued interest is higher than the claim amount, then the applicant bank is entitled for recovery of the same. “

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It is aggrieved by the said direction that the petitioners have

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filed this O.P (DRT).

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O.P (DRT) NO.102 Of 2023

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When O.P (DRT) came up for hearing today,

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counsel for the petitioners submitted that pending these proceedings, the petitioners have cleared all liabilities due to the respondent-Bank and the loan account was closed.

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Standing Counsel for the Bank also submitted that

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all dues have been received and the loan account has been closed.

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In view of the above, it would be only just and proper

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for the Tribunal to release the amount in deposit to the petitioners forthwith.

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The O.P (DRT) is therefore disposed of directing the

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Tribunal to release the amount payable directly to the petitioners.

Sd/-

N.NAGARESH

JUDGE

hmh

O.P (DRT) NO.102 Of 2023

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APPENDIX OF OP (DRT) 102/2023

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PETITIONER EXHIBITS

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Exhibit P-1TRUE COPY OF THE ORDER DATED 29-11-2022
IN O.A NO.373 OF 2005 PASSED BY THE
DEBTS RECOVERY TRIBUNAL-I, ERNAKULAM
Exhibit P-2TRUE COPY OF THE TREATMENT CERTIFICATE
DATED 14-9-2017 ISSUED BY DR.MOHAMMED
NAZIR,CO-ORDINATORANDSENIOR
CONSULTANT, ORTHOPAEDIC SURGEON OF KIMS
HOSPITAL, THIRUVANANTHAPURAM
Exhibit P-3TRUE COPY OF THE DISCHARGE SUMMARY DATED
28-8-2017 ISSUED BY THE DEPARTMENT OF
ORTHOPAEDICS,KIMSHOSPITAL,
THIRUVANANTHAPURAM

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Exhibit P-4TRUE COPY OF THE DEATH CERTIFICATE OF
THE 1ST DEFENDANT DATED 19-11-2018
ISSUED BY THE REGISTRAR OF BIRTHS AND
DEATH, THIRUVANANTHAPURAM CORPORATION

Arun R v. Hdfc Bank Limited

Case brief

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Arun R v. Hdfc Bank Limited

Case brief

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