Smt. Vindhya Naik

IN THE COURT OF THE VIII JUNIOR CIVIL JUDGE :: CITY CIVIL COURT:: AT

HYDERABAD.

Dated this the 03rd day of February, 2022.

PRESENT: SMT. VINDHYA NAIK VIII Junior Civil Judge, City Civil Court: Hyderabad.

O.S.No.951 of 2021

Between:-

1. Dr. Pabba Upender Goud, S/o. Late Pabba Gattanna Goud, Aged about:62 years, Occ : Doctor R/o. H.No.19-5-9/12, Bahadurpura, H.B. Colony, Bahadurpura, Hyderabad, Telengana-500064.

2. Pabba Vijaya Laxmi alias Edulakanti Sridhar Vijaya Laxmi D/o. Late Pabba Gatttanna Goud, W/o. Edulakanti Subash Sridhar Goud, Aged about 59 years, Occ : Housewife, R/o. H.No.19-5-9/20, Bahadurpura, H.B. Colony, Bahadurpura, Hyderabad, Telengana-500064.

....Plaintiffs

AND

1. The Tahsildar, Bahadurpura Mandal, Hyderabad District.

2. All Concerned

.....Defendants

This suit is coming on 04th day of January, 2022 before me for fnal hearing in the presence of Sri G. Balesh, Advocate for the Plaintifs and Sri K.

Praveen Kumar, Advocate for the Defendant No.1 and none appeared for

Defendant No.2 and having been stood over for consideration, till this day, this court delivered the following:-

::JUDGMENT::

This suit is fled by the plaintif Under Order.7 Rule.1 and 2 to declare the plaintifs as the surviving legal heirs of deceased Late Pabba Gattanna Goud

S/o. Late P. Kurmaiah Goud and Late Pabba Anandamma W/o. Late Pabba

Gattanna Goud.

[2] The brief averments of the suit are as follows:-

That the plaintifs submits that the plaintif no.1 is the son and Plaintif

No.2 is the daughter of Late Pabba Gattanna Goud, the plaintifs further submit that Late Pabba Gattanna Goud died on 03-07-2003 in Osmania General

Hospital, Hyderabad leaving behind his wife Smt Pabba Anandamma, his son

Pabba Upender Goud and daughter Pabba Vijays Laxmi as his legal heirs. The

Greater Hyderabad Muncipal Corporation issued death certifcate

dated:04-12-2003 and also issued legal heir certifcate vide bearing No.R/Dis

No.D/1008/2003 dated:29-11-2003.

[3]That the plaintifs mother namely Pabba Anandamma has also died on 04-04-2018 in Asian Institute of Gastroenterology. That after demise of Pabba

Anandamma wife of Late Pabba Gattanna Goud who was the mother of the plaintifs, on 10-02-2021, the plaintifs have approached the Defendant No.1 for the issuance of legal Heir Certifcate in favour of the plaintifs by excluding the name of their mother namely of Pabba Anandamma after due verifcation in the legal heirs certifcate vide bearing No.R/Dis. No.D/1008/2003 dated:29-11-2003 as their father namely Pabba Gattanna Goud and mother namely Pabba

Anandamma died and the defendant No.1 orally refused to issue the said legal heir certifcate and advised the plaintifs that they cannot issuing the same on administrative ground and they are giving only government employees and refused to receive the application of the plaintif and directed to approach the civil court and obtain the same.

[4]The plaintifs further submit that without legal heir certifcate these plaintifs are facing lot of problems before competent authorities and in common public. Hence the plaintifs have no other option/remedy except to approaching this Hon’ble court to declare that the plaintifs are the surviving legal heirs of Late Pabba Gattanna Goud and Pabba Anandamma. And there are no other legal heirs/successors/family members to the said deceased persons except the plaintifs. And further submit that Late Pabba Gattanna Goud was a government/Bank employee reasons best known to the defendant No.1 for non- issuing the legal heir certifcate. Hence this suit.

[5]Summons served to the D1 and D2. AGP Sri praveen Kumar fled Memo of appearance for Defendant No.1 but failed to fle written statement and none appeared for Defendant No.2. Hence, right to fle written statment was forfeited for Defendant No.1 and Defendant No.2 was set exparte. The plaintif No.1 got examined as P.W.1 and marked Ex.A-1 to A-9. Heard the counsel for plaintif.

[6] Now the point for consideration is:-

i) Whether the Plaintifs are entitled for Declaration as Legal Heirs of

Late Pabba Gattanna Goud and Late Anandamma w/o Pabba Gattanna

Goud as prayed for ?

ii) To what relief ?

[7] To substantiate the case of plaintif, plaintif No.1 is examined as PW1 and got marked Ex.A1 to A9. Ex.A-1 Copy of the Original Death Certifcate of

Late Pabba Gattanna Goud, dated:03-07-2003, Ex.A2 Copy of the Original

Legal Heir Certifcate which is issued by the MRO, Bahadurpura Mandal,

Bahadurpura, Hyderabad dated:29-11-2003, Ex.A-3 Copy of Original Death

Certifcate, dated:04-04-2018, Ex.A-4 Copy of Original Aadhar Card of Pebba

Upender Goud vide No.322774564942, Ex.A-5 Copy of Original Ration Card of

Pebba Upender Goud, Ex.A-6 Copy of Original Pan Card of Pabba Upender Goud

Vide No.ACUPP6509M, Ex.A-7 Copy of the Original Aadhar Card of Edulakanti

Sridhar Vijaya Laxmi Vide No.262066213397, Ex.A8 Ofce Copy of Application

dated:10-02-2021, Ex.A9 is the Family Pension FD Circular No.10, 07-01-1953

issued by Secretary Press Academy of Andhra Pradesh, Hyderabad.

[8]It is the case of plaintif that Plaintif No.1 is the son and Plaintif No.2 is the daughter of Late Pabba Gattanna Goud who died on 03-07-2003 in Osmania

General Hospital, Hyderabad leaving behind his wife Smt Pabba Anandamma, his son Pabba Upender Goud and daughter Pabba Vijaya Laxmi, as his legal heris. It is further submitted that Smt. Pabba Anandamma also died on 04-04- 2018 in Asian Institute of Gastroenterology. That after the demise of Pabba

Anandamma W/o. Late Pabba Gattanna Goud, who was the mother of the plaintifs. That on 10-02-2021, the plaintifs have approached the Defendant

No.1 for the issuance of Legal heir certifcate in favour of the plaintifs by excluding the name of their mother namely of Pabba Anandamma after due verifcation in the legal heir certifcate vide bearing No.R/Dis No.D/1008/2003

dated:29-11-2003 as father namely Pabba Gattanna Goud and mother namely

Pabba Anandamma died and the defendant no.1 orally refused to issue the said legal heir certifcate and advised the plaintifs they they cannot issuing the same on administrative ground and they are giving only to government employees and refused to receive the application of the plaintif and directed to approach the civil court and obtain the same. Plaintif fled Ex.A8 Ofce Copy of

Application dated:10-02-2021 made before defendant No.1.

[9]It is further submitted that without legal heirs certifcate these plaintifs are facing a lot of problems before competent authorities and in common public. And there are no other legal heirs/successors/family members to the said deceased persons except the plaintifs. And further submit that Late

Pabba Gattanna Goud was a government/Bank employee.

[10] In support of his oral evidence, she fled the Ex.A-1 Copy of the Original

Death Certifcate of Late Pabba Gattanna Goud, which establishes his death,

Ex.A2 Copy of the Original Legal Heir Certifcate which is issued by the MRO,

Bahadurpura Mandal, Hyderabad dated:29-11-2003, which goes to show that

MRO of Bahadurpura Mandal issued Legal Heir Certifcate on 29.11.2003 by declaring Smt. Anandamma who is mother of plaintifs, Sri P. Uppender Gaoud and Smt P.Viaja Laxmi who are the plaintifs herein, as Legal Heir of Sri Late

P.Gattanna Goud. Ex.A2 clearly goes to show that Plaintif No.1 is son and plaintif No.2 is the daughter of their parents who are the deceased persons herein, thus the relationship of plaintifs with deceased persons are established. Further Ex.A-3 is Copy of Original Death Certifcate of Smt. P.

Anandamma died on 04-04-2018, which establishes her death, Ex.A-4 Copy of

Original Aadhar Card of Pebba Upender Goud,, Ex.A-5 Copy of Original Ration

Card of Pebba Upender Goud, Ex.A-6 Copy of Original Pan Card of Pabba

Upender Goud Vide No.ACUPP6509M. Ex. 4 to 6 goes to show the identity of plaintif No.1. Ex.A-7 Copy of the Original Aadhar Card of Edulakanti Sridhar

Vijaya Laxmi Vide No.262066213397 I.e of plaintif No.2, which only establishes her identity. Ex.A9 is the Family Pension FD Circular No.10, 07-01-1953 issued by Secretary Press Academy of Andhra Pradesh, Hyderabad.

[11]The defendant no.1 right to fle written statemnet was forfeited on failur of fling written statement and none appeared for D2 as such made set exparte. The oral and documentary evidence adduced by the plaintifs remained unchallenged . Hence, the plaintifs established that they are the legal heirs of Late Pabba Gattanna Goud and Late Anandamma w/o Pabba

Gattanna Goud. This fnding is only to the extent of declaring the plaintifs as legal heirs and it is not binding on any other persons except the plaintifs.

Accordingly, this point is answered in favour of the plaintifs.

POINT NO. 2:- ii) To what relief ?

[12]As discussed supra, the plaintifs by producing cogent and reliable evidence established that they are the legal heirs of the deceased Late Pabba

Gattanna Goud. Hence, they are entitled for the declaration of legal heirs as prayed by them. Accordingly this point is answered.

[13] IN THE RESULT, the suit is decreed without costs by declaring plaintifs as legal heirs of Late Pabba Gattanna Goud and Late Anandamma w/o Pabba

Gattanna Goud

Typed to my dictation by Stenographer, corrected and pronounced by me in Open Court, on this the day of 03rd February, 2022.

VIII JUNIOR CIVIL JUDGE,

CITY CIVIL COURT,HYDERABAD.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PLAINTIFFFOR DEFENDANT

PW1 : Dr. Pabba Upender Goud ..Exparte..

DOCUMENTS MARKED FOR PLAINTIFFS:

1. Ex.A-1 Copy of the Original Death Certifcate of Late Pabba Gattanna Goud, which is issued by the GHMC, dated:03-07-2003.

2. Ex.A2 Copy of the Original Legal Heir Certifcate which is issued by the MRO,

Bahadurpura Mandal, Bahadurpura, Hyderabad dated:29-11-2003.

3. Ex.A-3 Copy of Original Death Certifcate, which is issued by the GHMC,

dated:04-04-2018.

4. Ex.A-4 Copy of Original Aadhar Card of Pebba Upender Goud vide

No.322774564942.

5. Ex.A-5 Copy of Original Ration Card of Pebba Upender Goud.

6. Ex.A-6 Copy of Original Pan Card of Pabba Upender Goud Vide

No.ACUPP6509M

7. Ex.A-7 Copy of the Original Aadhar Card of Edulakanti Sridhar Vijaya Laxmi

Vide No.262066213397.

8. Ex.A8 Ofce Copy of Application dated:10-02-2021.

9. Ex.A9 is the Family Pension FD Circular No.10, 07-01-1953 issued by

Secretary Press Academy of Andhra Pradesh, Hyderabad.

FOR DEFENDANTS: -Nil-

VIII JUNIOR CIVIL JUDGE,

CITY CIVIL COURT :: HYDERABAD.

DECREE IN ORIGINAL SUIT

IN THE COURT OF THE VIII JUNIOR CIVIL JUDGE :: CITY CIVIL COURT:: AT

HYDERABAD.

Dated this the 01st day of February, 2022

PRESENT: SMT. VINDHYA NAIK VIII Junior Civil Judge, City Civil Court: Hyderabad.

O.S.No.216 of 2021

Between:-

M/s. Dee-Kay Trading Co., Rep by its proprietor Shree Kishanlal Agarwal S/o. Durgaprasad Agarwal, carrying of its business at 21-1-598 & 599, Dee-kay Towers, Rikab Gunj, High Court Road, Hyderabad. …. Plaintif

And

M/s. Sarvanas Stores Gold Palace Pvt. Ltd. Rep by its Director Mr. Y. Pallaku Durai, S/o. Mr. Yogarathinam, No.2, Rajiv Gandhi Salai (OMR) Sholliganallur, Chennai. 600119. (GST No.33AAYCS6531K1ZQ)…. Defendant

This suit is coming on 05th day of January, 2021 before me for fnal hearing in the presence of Sri Ravi Kumar Vora, Advocate for the

Plaintif and Defendant remained ex-parte and having been stood over for consideration, till this day, this court delivered the following:-

Claim:- This suit is fled Under Order.VII Rule.1 and 2 R/w. Section.26 to pass decree for an amount of Rs.2,34,695/- along with interest thereon @ 24% per annum from the date of suit till the date of realization against the person and property of the defendant.

Contd….2

Valuation:- That the plaintif values the suit for recovery of money Rs.2,34,695/-and pays a court fee of Rs.4,826/- which is sufcient as per section.19 and 20 of A.P.C.F & S.V Act.

Suit fled on: 29-12-2020 Suit numbered on: 29-12-2020

1. That the suit fled by the plaintif is hereby decreed with costs.

2. That the defendant is liable to pay an amount of Rs.2,34,695/- (Rupees Two Lakhs Thirty Four Thousand Six Hundred and Ninety Five only) to the plaintif together with interest @ 12% per annum from the date of fling of the suit to till date of decree and with interest at the rate of 6% percent per annum from the date of decree to till the date of realization on the principal amount of Rs.1,37,088/-

3. That the defendant do pay to the plaintif a sum of Rs.9,298.00 towards costs of the suit.

Given under my hand and seal of this court on this the 01st day of February, 2022.

VIII JUNIOR CIVIL JUDGE,

CITY CIVIL COURT AT HYDERABAD.

MEMO OF COSTS

Plaintifs Defendants

1. Stamp on Plaint ...Rs. 4,826 .00 NIL

2. Stamp on power ...Rs. 2 .00 --

3. Service of Process ...Rs. 100 .00 –

4. Advocate Fees … Rs. 4,370.00

5. Miscellaneous ... --–

---------------------------- -------------------------

Total: Rs. 9,298.00 NIL

---------------------------- -----------------------

VIII JUNIOR CIVIL JUDGE,

CITY CIVIL COURT AT HYDERABAD.

DECREE IN ORIGINAL SUIT

IN THE COURT OF THE VIII JUNIOR CIVIL JUDGE :: CITY CIVIL COURT:: AT

HYDERABAD.

Dated this the 03rd day of February, 2022.

PRESENT: SMT. VINDHYA NAIK VIII Junior Civil Judge, City Civil Court: Hyderabad.

O.S.No.951 of 2021

Between:-

1. Dr. Pabba Upender Goud, S/o. Late Pabba Gattanna Goud, Aged about:62 years, Occ : Doctor R/o. H.No.19-5-9/12, Bahadurpura, H.B. Colony, Bahadurpura, Hyderabad, Telengana-500064.

2. Pabba Vijaya Laxmi alias Edulakanti Sridhar Vijaya Laxmi D/o. Late Pabba Gatttanna Goud, W/o. Edulakanti Subash Sridhar Goud, Aged about 59 years, Occ : Housewife, R/o. H.No.19-5-9/20, Bahadurpura, H.B. Colony, Bahadurpura, Hyderabad, Telengana-500064.

....Plaintiffs

AND

1. The Tahsildar, Bahadurpura Mandal, Hyderabad District.

2. All Concerned

.....Defendants

This suit is coming on 04th day of January, 2022 before me for fnal hearing in the presence of Sri G. Balesh, Advocate for the Plaintifs and

Sri K. Praveen Kumar, Advocate for the Defendant No.1 and none appeared for Defendant No.2 and having been stood over for consideration, till this day, this court delivered the following:-

Claim:- This suit is fled by the plaintif Under Order.7 Rule.1 and 2 to declare the plaintifs as the surviving legal heirs of deceased Late Pabba Gattanna Goud S/o. Late P. Kurmaiah Goud and Late Pabba Anandamma W/o. Late Pabba Gattanna Goud.

Valuation:- The suit is valued for the relief of declaration, for purpose of jurisdiction and Court Fee at Rs.25,000/- and the plaintif herewith paid a sum of Rs.1586/- towards Court fee under section 26(d) of A.P.C.F. and S.V Act 1956 which is proper and sufcient.

Suit fled on:25-02-2021 Suit numbered on: 25-02-2021

1. That the suit fled by the plaintif is hereby decreed without costs.

2. That the plaintifs are declared as legal heirs of Late Pabba Gattanna Goud and Late Anandamma W/o. Pabba Gattana Goud.

3. That there is no order as to costs.

Given under my hand and seal of this court on this the 03rd day of February, 2022.

VIII JUNIOR CIVIL JUDGE,

CITY CIVIL COURT AT HYDERABAD.

MEMO OF COSTS

Plaintifs Defendants

1. Stamp on Plaint ...Rs. 1586 .00 NIL

2. Stamp on power ...Rs. 2 .00 --

3. Service of Process ...Rs. 100.00 –

4. Advocate Fees … NIL

5. Miscellaneous ... --–

---------------------------- -------------------------

Total: Rs. 1688.00NIL

-------------------------- -----------------------

VIII JUNIOR CIVIL JUDGE,

CITY CIVIL COURT AT HYDERABAD.

SUIT SCHEDULE PROPERTIES

Sale Deed Doc No.2541/2000

No.1. All that the shop No.3 on the Third Floor admeasuring 350 sft. U.D.

Share 5-00 sq yards situated at Reliance Complex bearing Municipal No.4-1- 569, Troop Bazar, Hyderabad.

Sale Deed Doc No.2542/2000

No.2.All that the ofce on the First Floor admeasuring 823 sft. U.D.

Share 8-00 sq yards situated at Reliance Complex bearing Municipal No.4-1- 569, Troop Bazar, Hyderabad.

No.3. Rectifcation Deed Doc No.3614/2002

of Document No.2514/2000

No.4 No objection certifcate to the efect that the entire loan amount has been paid under loan amount Account No.HHYH00001742

VIII JUNIOR CIVIL JUDGE,

CITY CIVIL COURT AT HYDERABAD.

O.S.No.2531 of 2023 Page No.1/8

IN THE COURT OF THE VIII JUNIOR CIVIL JUDGE :: CITY CIVIL

COURT:: AT HYDERABAD.

Dated this the 03 rd day of October, 2024.

PRESENT: SMT. VINDHYA NAIK VIII Junior Civil Judge, City Civil Court: Hyderabad.

O.S.No.2531 of 2023

Between:-

M/s ICICI Bank Ltd, Having registered Office at ICICI Towers, Near Chaklicircle old padra road, vadodara – 390007 and having its Corporate Office at ICICI Bank Towers, Bandra Kurla Complex, Bandra (East), Mumbai – 400051. and amongst others having its branch office at H.No.6-2-1012, TGV Mansions, Opp Institution of Engineers Khairatabad Road, Taj Enclave, Khairatabad, Hyderabad, Telangana 5000004. Rep. by its authorized signatory POA,Holder Sri Deveraboina Akshay, S/o. Mr. Deveraboina Srinivvas, Age: 23 years, Occ: Manager, R/o. Hyderabad. …. Plaintiff

And

Mr. Vikram Hosamani, S/o. Shivappa Basappa Hosamani, Age: Major, Occ: Privae service/business, R/o. Flat No.004, Ground floor, Mokila Subishi Town, Center Residential, near Produtoor Gate, beside HDFC Bank, Ranga Reddy. …. Defendant

This suit is coming on 03 rd day of October, 2024 before me for final hearing in the presence of Rama Chandran. P, Advocate for the Plaintiff and

Paper publication filed. Defendant called absent. No representation. Hence defendant set exparte and having been stood over for consideration, till this day, this court delivered the following:-

O.S.No.2531 of 2023 Page No.2/8

::JUDGMENT::

This suit is filed by the Plaintiff Bank against the defendant to direct the defendant to pay an amount of Rs.12,68,021.00/- and towards pendent lite and future interest @ 2.95% per monthly compounded by way of service charges on the suit amount from the date of filing of the suit to till the date of realization.

[2] The brief averments of the plaint affidavit is as follows:-

That the plaintiff bank is a company incorporated under the provisions of the Companies Act, 1956 and a banking company under the provisions of the

Banking Regulations Act, 1949 having its registered office at “ICICI Towers, near Chakli circle, Old Padra Road, Vadodara- 390 007 and inter-alia having its branch office at H.No.6-2-1012, TGV Mansions, Opp Institution of Engineers,

Khairatabad Road, Taj Enclave, Khairatabad, Hyderabad Telangana 500004.

Rep. by its Authorised Signatory POA HolderSri. Deveraboina Akshay, R/o.

Hyderabad. A Notarized copy of Certificate of incorporation is annexed hereto.

The plaintiff states that Mr. Deveraboina Akshay is the manager of the plaintiff bank, is duly authorised vide Power of Attorney dated 01.06.2021 to sign, verify, depose, prosecute the case by or against the bank or in the cases where the plaintiff bank is party. By virtue of the said power of Attorney Mr.

Deveraboina Akshay who is fully conversant with the facts of the case as per information received and derived from the records and the books of the plaintiff bank, maintained in usual and ordinary course of business, he is duly

O.S.No.2531 of 2023 Page No.3/8

authorized, empowered and competent to sign and verify the pleadings for and on behalf of the plaintiff bank, institute the suit in the court, prosecute the suit and to do all acts, deeds in general for the due prosecution of the suit. A notarized copy of power of attorney dated 01.06.2021 is annexed hereto.

That the plaintiff is filed the present suit against the defendants for the recovery of an amount of Rs.1268021.00/- outstanding under Loan Account

No. LPHYD00038953336 as on 05.12.2022 with agreed future interest @ 14.00 percent PA. From 05.12.2022 till its actual payment.

The plaintiff submits that, the defendants approached the plaintiff at its

Khairatabad, Hyderabad Branch through DST-Alternate, for availing Credit

Facility Loan amount of Rs.1500000/- to meet his/their personal/business needs and accordingly made an application dated 23.04.2019 in respect thereof. The original preliminary credit facility application dated 23.04.2019 is annexed hereto.

The plaintiff herein, based on the application of the personal loan and the necessary documents submitted by the defendants sanctioned the credit facility to the tune of Rs.1500000/- to the defendants at a fixed interest @ 11.35 p.a repayable in 38 monthly equated installments [EMI] of Rs.32,969/- per month each, commencing from 26.04.2019. The plaintiff further submits that, the defendants by accepting the terms and conditions of the plaintiff, for availing and most important information on 24.04.2019. The original credit facility application form 24.04.2019 is annexed hereto.

The plaintiff submits that, upon execution of the above loan documents by the defendants, the plaintiff disbursed the loan amount of Rs.900000/- to

O.S.No.2531 of 2023 Page No.4/8

the defendant on 26.04.2019 vide real time gross settlement (RTGS) online to his account. The plaintiff submits that, the defendants availed the aforesaid credit facility to its full extent and paid the equated monthly installments (EMI) of Rs.32969/- for some period and thereafter started defaulting payment of

EMI.

The plaintiff further submits that, the defendant’s thereafter failed to pay

EMIs which constituted ‘Evemts pf Default’ and thereby committed breach of terms and conditions governing the said credit facility application and other loan documents. The plaintiff submits that due to non-payment of overdue amount and service of interest and installments by the defendants, the account got NPA on 10.05.2021 as such there are huge outstanding dues in the said loan account.

The plaintiff submits that, after availing the loan, defendants failed to repay the loan on the respective due dates contrary to the terms and conditions of credit facility application and other loan documents executed by the defendants. Therefore as per the terms and conditions of the credit facility application and loan documents, overdue charges and other charges were levied in the loan account. It is and requesting the defendants to repay the outstanding dues in the aforesaid loan account and regularize the loan account, but the defendant’s failed to come forward to clear the outstanding dues and regularize the account. The plaintiff submits that, the officers of the plaintiff further had made persistent requests to defendants to abide by the terms and conditions of credit facility application and the loan document entered into by and between the defendants and the plaintiff to pay the

O.S.No.2531 of 2023 Page No.5/8

overdue amount and service the EMI and overdue interest regularly. But, despite vigirous follow up by the officer’s of the plaintiff, the defendant failed to

honor his commitments and regularize the loan account. The defendant

admitting the loan liability paid last payment of EMI as per schedule and plaintiff being custodian of public money, if had no other alternative except to recall the loan facility.

The plaintiff submits that, in order to cause wrongful loss to the plaintiff, the defendant utilized the said loan amount to its full extent for the aforesaid purpose but has failed to adhrere to the agreed payment schedule as per the sanction and loan documents and defaulted in service of EMIs and overdue interest. Therefore, the plaintiff was constrained to recall the aforesaid loan facility vide its loan recall notice dated 17.03.2022 addressed to the last known addresses of the defendant demanding repayment of entire outstanding loan amount under the loan account no. LPHYD00038953336 along with agreed future interest, other charges, cost, etc within 7 days of the service of the recall notice. The office copy of the notice dated 17.03.2022 along with registered postal receipt are annexed hereto.

The plaintiff further submits that, even after issuance of the aforesaid otice, the defendant failed to pay the outstanding loan amount with contractual interest. The plaintiff further submits that, as per the terms and conditions of the credit facility application and other loan documents the plaintiff is entitled for the recovery of outstanding loan amount of Rs.1268021.00/- outstanding under loan account no. LPHYD00038953336 as on 05.12.2022 with agreed

O.S.No.2531 of 2023 Page No.6/8

future interest @ 11.35 percent p.a. penal interest, costs, expenses and charges from the defendant’s.

The plaintiff submits that, as the defendants had failed and neglected to repay the outstanding loan amount even after issuance of loan recall notice, the plaintiff is constrained to file the present suit for recovery of the outstanding loan amount of Rs.1268021.00/- outstanding under loan account no. LPHYD00038953336 as on 05.12.2022 with agreed future interest @ 11.35 percent p.a. penal interest, costs, expenses and charges from the defendants.

The plaintiff states that, the loan account of the defendant’s is maintained by the plaintiff during the regular course of its business and recorded the entries therein according to the transaction taken place from time to time. The account statement annexed hereto.

Paper publication filed on defendant. Defendant called absent. No representation. Hence, defendant set exparte. This Court proceeded with the exparte evidence. The plaintiff bank got examined as P.W.1 and marked Ex.A-1 to A-7. Heard the counsel for plaintiff.

4.Now the points for determination are:

1.Whether the plaintiff bank is entitled for recovery of the suit amount with interest from the defendant as prayed for?

2. To what relief?

POINT No: 1 and 2:

To prove the claim of plaintiff, plaintiff got examined as PW1 and reitereated the contents of plaint in her chief affidavit and marked document

O.S.No.2531 of 2023 Page No.7/8

Ex.A-1 to A-7, where Ex.A-1 is the Attested copy of certificate of incorporation

dated 10.09.1999, Ex.A-2 is the attested copy power of attorney dated

01.06.2021, Ex.A-3 is the original preliminary credit facility application form

dated 23.09.2019, Ex.A-4 is the original credit facility application form dated

24.04.2019, Ex.A-5 is the office copy of the loan recall notice along with notarised reg postal receipts dated 02.12.2022, Ex.A-6 Attested copy of the loan statement of account no.lphyd00037895333, dated 02.12.2022 and Ex.A- 7 is the Affidavit filed under banker books of evidence act, dated 12.052.2022.

From Ex.A-3 and A-4, it is established that defendant approached plaintiff bank to avail credit facility loan amount and from Ex.A-5 it goes to prove that the plaintiff bank issued legal notice as defendant failed to repay back the loan amount. The defendant despite receiving summons did not represent before court and had also not responded to the legal notice issued by the plaintif. The evidence of the plaintiff is not challenged by the defendant.

Therefore, defendant in spite of receipt of demand notice, failed to repay the suit amount to the plaintiff's bank nor responded back and he also failed to appear before this Court. Hence, adverse inference can be drawn that the defendant is due to pay the suit amount. The unchallenged evidence of PW1 in corroboration with Ex.A.1 to Ex.A.7, establishes the plea of the plaintiff. Hence, this point is answered in favour of the plaintiff and against the defendant.

8. POINT NO.2

To what relief?

O.S.No.2531 of 2023 Page No.8/8

In the result, the suit is decreed with costs against the defendant for a sum of Rs.12,68,021.00/- with interest @ 12 % per annum from the date of filing of the suit to till the date of decree and with interest @ 6% per annum from the date of decree to till the date of realization on the principal amount.

(Typed by my Steno on my dictation and after corrections, pronounced by me in the open Court on this the 03 rd day of October, 2024).

Sd/-

VIII JUNIOR CIVIL JUDGE,

CITY CIVIL COURT,HYDERABAD.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PLAINTIFFFOR DEFENDANT

PW1 : Chandra sekharExparte

DOCUMENTS MARKED FOR PLAINTIFFS:-

1. Ex.A-1 Attested copy pf certificate of incorporation dated 10.09.1999.

2. Ex.A-2 Attested copy power of attorney dated 01.09.2019.

3. Ex.A-3 Original preliminary credit facility application form dated 23.04.2019.

4. Ex.A-4 Original credit facility application form dated 24.04.2019.

5. Ex.A-5 Office copy of the loan recall notice along with notarised reg. Postal receipts dated 17.03.2022.

6. Ex.A-6 Atested copy the loan statement of account No.SPHYD00041303546,

dated 02.12.2022.

7. Ex.A-7 Afidavit filed under bankcer books of evidence act dated 12.02.2022.

FOR DEFENDANTS: -Nil-

Sd/-

VIII JUNIOR CIVIL JUDGE,

CITY CIVIL COURT :: HYDERABAD.

O.S.No.2529 of 2023 Page No.1/8

IN THE COURT OF THE VIII JUNIOR CIVIL JUDGE :: CITY CIVIL

COURT:: AT HYDERABAD.

Dated this the 03 rd day of October, 2024.

PRESENT: SMT. VINDHYA NAIK VIII Junior Civil Judge, City Civil Court: Hyderabad.

O.S.No.2529 of 2023

Between:-

M/s ICICI Bank Ltd, Having registered Office at ICICI Towers, Near Chaklicircle old padra road, vadodara – 390007 and having its Corporate Office at ICICI Bank Towers, Bandra Kurla Complex, Bandra (East), Mumbai – 400051. and amongst others having its branch office at H.No.6-2-1012, TGV Mansions, Opp Institution of Engineers Khairatabad Road, Taj Enclave, Khairatabad, Hyderabad, Telangana 5000004. Rep. by its authorized signatory POA,Holder Sri Deveraboina Akshay, S/o. Mr. Deveraboina Srinivvas, Age: 23 years, Occ: Manager, R/o. Hyderabad. …. Plaintiff

And

Mr. Raja Sekhar Nalluri, s/O. Srinivasa Rao N, Age: Major, Occ: Private Service/Business, R/o. Plot No. 21, Shanthi Nagar, Uppal, Near Victory Bar, Medchal Malkajgiri District. …. Defendant

This suit is coming on 03 rd day of October, 2024 before me for final hearing in the presence of Rama Chandran. P, Advocate for the Plaintiff and

Paper publication filed. Defendant called absent. No representation. Hence defendant set exparte and having been stood over for consideration, till this day, this court delivered the following:-

::JUDGMENT::

O.S.No.2529 of 2023 Page No.2/8

This suit is filed by the Plaintiff Bank against the defendant to direct the defendant to pay an amount of Rs.4,13,990.00/- and towards pendent lite and future interest @ 2.95% per monthly compounded by way of service charges on the suit amount from the date of filing of the suit to till the date of realization.

[2] The brief averments of the plaint affidavit is as follows:-

That the plaintiff bank is a company incorporated under the provisions of the Companies Act, 1956 and a banking company under the provisions of the

Banking Regulations Act, 1949 having its registered office at “ICICI Towers, near Chakli circle, Old Padra Road, Vadodara- 390 007 and inter-alia having its branch office at H.No.6-2-1012, TGV Mansions, Opp Institution of Engineers,

Khairatabad Road, Taj Enclave, Khairatabad, Hyderabad Telangana 500004.

Rep. by its Authorised Signatory POA HolderSri. Deveraboina Akshay, R/o.

Hyderabad. A Notarized copy of Certificate of incorporation is annexed hereto.

The plaintiff states that Mr. Deveraboina Akshay is the manager of the plaintiff bank, is duly authorised vide Power of Attorney dated 01.06.2021 to sign, verify, depose, prosecute the case by or against the bank or in the cases where the plaintiff bank is party. By virtue of the said power of Attorney Mr.

Deveraboina Akshay who is fully conversant with the facts of the case as per information received and derived from the records and the books of the plaintiff bank, maintained in usual and ordinary course of business, he is duly authorized, empowered and competent to sign and verify the pleadings for and on behalf of the plaintiff bank, institute the suit in the court, prosecute the suit

O.S.No.2529 of 2023 Page No.3/8

and to do all acts, deeds in general for the due prosecution of the suit. A notarized copy of power of attorney dated 01.06.2021 is annexed hereto.

That the plaintiff is filed the present suit against the defendants for the recovery of an amount of Rs.4,13,990.00/- outstanding under Loan Account

No. UPHYD00037167389 as on 17.11.2022 with agreed future interest @ 14.00 percent PA. From 17.12.2022 till its actual payment.

The plaintiff submits that, the defendants approached the plaintiff at its

Khairatabad, Hyderabad Branch through DST-Alternate, for availing Credit

Facility Loan amount of Rs.500000/- to meet his/their personal/business needs and accordingly made an application dated 15.03.2018 in respect thereof. The original preliminary credit facility application dated 15.03.2018 is annexed hereto.

The plaintiff herein, based on the application of the personal loan and the necessary documents submitted by the defendants sanctioned the credit facility to the tune of Rs.500000/- to the defendants at a fixed interest @ 14.49 p.a repayable in 64 monthly equated installments [EMI] of Rs.11,818/- per month each, commencing from 23.03.2018. The plaintiff further submits that, the defendants by accepting the terms and conditions of the plaintiff, for availing and most important information on 16.03.2018. The original credit facility application form 16.03.2018 is annexed hereto.

The plaintiff submits that, upon execution of the above loan documents by the defendants, the plaintiff disbursed the loan amount of Rs.500000/- to the defendant on 23.03.2018 vide real time gross settlement (RTGS) online to his account. The plaintiff submits that, the defendants availed the aforesaid

O.S.No.2529 of 2023 Page No.4/8

credit facility to its full extent and paid the equated monthly installments (EMI) of Rs.11818/- for some period and thereafter started defaulting payment of

EMI.

The plaintiff further submits that, the defendant’s thereafter failed to pay

EMIs which constituted ‘Evemts pf Default’ and thereby committed breach of terms and conditions governing the said credit facility application and other loan documents. The plaintiff submits that due to non-payment of overdue amount and service of interest and installments by the defendants, the account got NPA on 01.05.2021 as such there are huge outstanding dues in the said loan account.

The plaintiff submits that, after availing the loan, defendants failed to repay the loan on the respective due dates contrary to the terms and conditions of credit facility application and other loan documents executed by the defendants. Therefore as per the terms and conditions of the credit facility application and loan documents, overdue charges and other charges were levied in the loan account. It is and requesting the defendants to repay the outstanding dues in the aforesaid loan account and regularize the loan account, but the defendant’s failed to come forward to clear the outstanding dues and regularize the account. The plaintiff submits that, the officers of the plaintiff further had made persistent requests to defendants to abide by the terms and conditions of credit facility application and the loan document entered into by and between the defendants and the plaintiff to pay the overdue amount and service the EMI and overdue interest regularly. But, despite vigirous follow up by the officer’s of the plaintiff, the defendant failed to

O.S.No.2529 of 2023 Page No.5/8

honor his commitments and regularize the loan account. The defendant

admitting the loan liability paid last payment of EMI as per schedule and plaintiff being custodian of public money, if had no other alternative except to recall the loan facility.

The plaintiff submits that, in order to cause wrongful loss to the plaintiff, the defendant utilized the said loan amount to its full extent for the aforesaid purpose but has failed to adhrere to the agreed payment schedule as per the sanction and loan documents and defaulted in service of EMIs and overdue interest. Therefore, the plaintiff was constrained to recall the aforesaid loan facility vide its loan recall notice dated 20.05.2021 addressed to the last known addresses of the defendant demanding repayment of entire outstanding loan amount under the loan account no. LPHYD00037167389 along with agreed future interest, other charges, cost, etc within 7 days of the service of the recall notice. The office copy of the notice dated 17.11.2022 along with registered postal receipt are annexed hereto.

The plaintiff further submits that, even after issuance of the aforesaid otice, the defendant failed to pay the outstanding loan amount with contractual interest. The plaintiff further submits that, as per the terms and conditions of the credit facility application and other loan documents the plaintiff is entitled for the recovery of outstanding loan amount of Rs.4,13,990.00/- outstanding under loan account no. LPHYD00037167389 as on 17.12.2022 with agreed future interest @ 14.49 percent p.a. penal interest, costs, expenses and charges from the defendant’s.

O.S.No.2529 of 2023 Page No.6/8

The plaintiff submits that, as the defendants had failed and neglected to repay the outstanding loan amount even after issuance of loan recall notice, the plaintiff is constrained to file the present suit for recovery of the outstanding loan amount of Rs.4,13,990.00/- outstanding under loan account no. LPHYD00037167389 as on 17.11.2022 with agreed future interest @ 14.00 percent p.a. penal interest, costs, expenses and charges from the defendants.

The plaintiff states that, the loan account of the defendant’s is maintained by the plaintiff during the regular course of its business and recorded the entries therein according to the transaction taken place from time to time. The account statement annexed hereto.

Paper publication filed on defendant. Defendant called absent. No representation. Hence, defendant set exparte. This Court proceeded with the exparte evidence. The plaintiff bank got examined as P.W.1 and marked Ex.A-1 to A-7. Heard the counsel for plaintiff.

4.Now the points for determination are:

1.Whether the plaintiff bank is entitled for recovery of the suit amount with interest from the defendant as prayed for?

2. To what relief?

POINT No: 1 and 2:

To prove the claim of plaintiff, plaintiff got examined as PW1 and reitereated the contents of plaint in her chief affidavit and marked document

Ex.A-1 to A-7, where Ex.A-1 is the Attested copy of certificate of incorporation

dated 10.09.1999, Ex.A-2 is the attested copy power of attorney dated

O.S.No.2529 of 2023 Page No.7/8

03.11.2008, Ex.A-3 is the original preliminary credit facility application form

dated 15.03.2018, Ex.A-4 is the original credit facility application form dated

16.03.2018, Ex.A-5 is the office copy of the loan recall notice along with notarised reg postal receipts dated 20.05.2021, Ex.A-6 Attested copy of the loan statement of account no.LPHYD00037167389, dated 17.11.2022 and

Ex.A-7 is the Affidavit filed under banker books of evidence act, dated 17.11.2022. From Ex.A-3 and A-4, it is established that defendant approached plaintiff bank to avail credit facility loan amount and from Ex.A-5 it goes to prove that the plaintiff bank issued legal notice as defendant failed to repay back the loan amount. The defendant despite receiving summons did not represent before court and had also not responded to the legal notice issued by the plaintif. The evidence of the plaintiff is not challenged by the defendant.

Therefore, defendant in spite of receipt of demand notice, failed to repay the suit amount to the plaintiff's bank nor responded back and he also failed to appear before this Court. Hence, adverse inference can be drawn that the defendant is due to pay the suit amount. The unchallenged evidence of PW1 in corroboration with Ex.A.1 to Ex.A.7, establishes the plea of the plaintiff. Hence, this point is answered in favour of the plaintiff and against the defendant.

8. POINT NO.2

To what relief?

In the result, the suit is decreed with costs against the defendant for a sum of Rs.4,13,990.00/- with interest @ 12 % per annum from the date of filing of the suit to till the date of decree and with interest @ 6% per

O.S.No.2529 of 2023 Page No.8/8

annum from the date of decree to till the date of realization on the principal amount.

(Typed by my Steno on my dictation and after corrections, pronounced by me in the open Court on this the 03 rd day of October, 2024).

Sd/-

VIII JUNIOR CIVIL JUDGE,

CITY CIVIL COURT,HYDERABAD.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PLAINTIFFFOR DEFENDANT

PW1 : Chandra sekharExparte

DOCUMENTS MARKED FOR PLAINTIFFS:-

1. Ex.A-1 Attested copy pf certificate of incorporation dated 10.09.1999.

2. Ex.A-2 Attested copy power of attorney dated 03.11.2008.

3. Ex.A-3 Original preliminary credit facility application form dated 15.03.2018.

4. Ex.A-4 Original credit facility application form dated 16.03.2018.

5. Ex.A-5 Office copy of the loan recall notice along with notarised reg. Postal receipts dated 20.05.2021.

6. Ex.A-6 Atested copy the loan statement of account No. LPHYD00037167389,

dated 17.11.2022.

7. Ex.A-7 Afidavit filed under bankcer books of evidence act dated 17.11.2023.

FOR DEFENDANTS: -Nil-

Sd/-

VIII JUNIOR CIVIL JUDGE,

CITY CIVIL COURT :: HYDERABAD.

O.S.No.2533 of 2023 Page No.1/8

IN THE COURT OF THE VIII JUNIOR CIVIL JUDGE :: CITY CIVIL

COURT:: AT HYDERABAD.

Dated this the 03 rd day of October, 2024.

PRESENT: SMT. VINDHYA NAIK VIII Junior Civil Judge, City Civil Court: Hyderabad.

O.S.No.2533 of 2023

Between:-

M/s ICICI Bank Ltd, Having registered Office at ICICI Towers, Near Chaklicircle old padra road, vadodara – 390007 and having its Corporate Office at ICICI Bank Towers, Bandra Kurla Complex, Bandra (East), Mumbai – 400051. and amongst others having its branch office at H.No.6-2-1012, TGV Mansions, Opp Institution of Engineers Khairatabad Road, Taj Enclave, Khairatabad, Hyderabad, Telangana 5000004. Rep. by its authorized signatory POA,Holder Sri Deveraboina Akshay, S/o. Mr. Deveraboina Srinivvas, Age: 23 years, Occ: Manager, R/o. Hyderabad. …. Plaintiff

And

Mr. Manyam Shiva Reddy, S/o. Subba Reddy. M, Age: Major, Occ: Pvt Service/Business, R/o. 6-465/8/1, Dwaraka nagar, quthubullapur, medchal Malkajgiri, District - 500054. …. Defendant

This suit is coming on 03 rd day of October, 2024 before me for final hearing in the presence of Rama Chandran. P, Advocate for the Plaintiff and

Paper publication filed. Defendant called absent. No representation. Hence defendant set exparte and having been stood over for consideration, till this day, this court delivered the following:-

O.S.No.2533 of 2023 Page No.2/8

::JUDGMENT::

This suit is filed by the Plaintiff Bank against the defendant to direct the defendant to pay an amount of Rs.14,49,500.00/- and towards pendent lite and future interest @ 2.95% per monthly compounded by way of service charges on the suit amount from the date of filing of the suit to till the date of realization.

[2] The brief averments of the plaint affidavit is as follows:-

That the plaintiff bank is a company incorporated under the provisions of the Companies Act, 1956 and a banking company under the provisions of the

Banking Regulations Act, 1949 having its registered office at “ICICI Towers, near Chakli circle, Old Padra Road, Vadodara- 390 007 and inter-alia having its branch office at H.No.6-2-1012, TGV Mansions, Opp Institution of Engineers,

Khairatabad Road, Taj Enclave, Khairatabad, Hyderabad Telangana 500004.

Rep. by its Authorised Signatory POA HolderSri. Deveraboina Akshay, R/o.

Hyderabad. A Notarized copy of Certificate of incorporation is annexed hereto.

The plaintiff states that Mr. Deveraboina Akshay is the manager of the plaintiff bank, is duly authorised vide Power of Attorney dated 01.06.2021 to sign, verify, depose, prosecute the case by or against the bank or in the cases where the plaintiff bank is party. By virtue of the said power of Attorney Mr.

Deveraboina Akshay who is fully conversant with the facts of the case as per information received and derived from the records and the books of the plaintiff bank, maintained in usual and ordinary course of business, he is duly authorized, empowered and competent to sign and verify the pleadings for and

O.S.No.2533 of 2023 Page No.3/8

on behalf of the plaintiff bank, institute the suit in the court, prosecute the suit and to do all acts, deeds in general for the due prosecution of the suit. A notarized copy of power of attorney dated 01.06.2021 is annexed hereto.

That the plaintiff is filed the present suit against the defendants for the recovery of an amount of Rs.14,49,500.00/- outstanding under Loan Account

No. LPHYD00041303546 as on 08.12.2022 with agreed future interest @ 14.00 percent PA. From 08.12.2022 till its actual payment.

The plaintiff submits that, the defendants approached the plaintiff at its

Khairatabad, Hyderabad Branch through DST-Alternate, for availing Credit

Facility Loan amount of Rs.900000/- to meet his/their personal/business needs and accordingly made an application dated 23.12.2019 in respect thereof. The original preliminary credit facility application dated 23.12.2019 is annexed hereto.

The plaintiff herein, based on the application of the personal loan and the necessary documents submitted by the defendants sanctioned the credit facility to the tune of Rs.900000/- to the defendants at a fixed interest @ 14.00 p.a repayable in 56 monthly equated installments [EMI] of Rs.24,736/- per month each, commencing from 30.12.2019. The plaintiff further submits that, the defendants by accepting the terms and conditions of the plaintiff, for availing and most important information on 23.12.2019. The original credit facility application form 23.12.2019 is annexed hereto.

The plaintiff submits that, upon execution of the above loan documents by the defendants, the plaintiff disbursed the loan amount of Rs.900000/- to the defendant on 30.12.2019 vide real time gross settlement (RTGS) online to

O.S.No.2533 of 2023 Page No.4/8

his account. The plaintiff submits that, the defendants availed the aforesaid credit facility to its full extent and paid the equated monthly installments (EMI) of Rs.24736/- for some period and thereafter started defaulting payment of

EMI.

The plaintiff further submits that, the defendant’s thereafter failed to pay

EMIs which constituted ‘Evemts pf Default’ and thereby committed breach of terms and conditions governing the said credit facility application and other loan documents. The plaintiff submits that due to non-payment of overdue amount and service of interest and installments by the defendants, the account got NPA on 15.02.2020 as such there are huge outstanding dues in the said loan account.

The plaintiff submits that, after availing the loan, defendants failed to repay the loan on the respective due dates contrary to the terms and conditions of credit facility application and other loan documents executed by the defendants. Therefore as per the terms and conditions of the credit facility application and loan documents, overdue charges and other charges were levied in the loan account. It is and requesting the defendants to repay the outstanding dues in the aforesaid loan account and regularize the loan account, but the defendant’s failed to come forward to clear the outstanding dues and regularize the account. The plaintiff submits that, the officers of the plaintiff further had made persistent requests to defendants to abide by the terms and conditions of credit facility application and the loan document entered into by and between the defendants and the plaintiff to pay the overdue amount and service the EMI and overdue interest regularly. But,

O.S.No.2533 of 2023 Page No.5/8

despite vigirous follow up by the officer’s of the plaintiff, the defendant failed to

honor his commitments and regularize the loan account. The defendant

admitting the loan liability paid last payment of EMI as per schedule and plaintiff being custodian of public money, if had no other alternative except to recall the loan facility.

The plaintiff submits that, in order to cause wrongful loss to the plaintiff, the defendant utilized the said loan amount to its full extent for the aforesaid purpose but has failed to adhrere to the agreed payment schedule as per the sanction and loan documents and defaulted in service of EMIs and overdue interest. Therefore, the plaintiff was constrained to recall the aforesaid loan facility vide its loan recall notice dated 30.09.2022 addressed to the last known addresses of the defendant demanding repayment of entire outstanding loan amount under the loan account no. SPHYD00041303546 along with agreed future interest, other charges, cost, etc within 7 days of the service of the recall notice. The office copy of the notice dated 30.09.2022 along with registered postal receipt are annexed hereto.

The plaintiff further submits that, even after issuance of the aforesaid otice, the defendant failed to pay the outstanding loan amount with contractual interest. The plaintiff further submits that, as per the terms and conditions of the credit facility application and other loan documents the plaintiff is entitled for the recovery of outstanding loan amount of Rs.15,16,094.00/- outstanding under loan account no. SPHYD00041303546 as on 08.12.2022 with agreed future interest @ 14.00 percent p.a. penal interest, costs, expenses and charges from the defendant’s.

O.S.No.2533 of 2023 Page No.6/8

The plaintiff submits that, as the defendants had failed and neglected to repay the outstanding loan amount even after issuance of loan recall notice, the plaintiff is constrained to file the present suit for recovery of the outstanding loan amount of Rs.14,49,500.00/- outstanding under loan account no. SPHYD00041303546 as on 08.12.2022 with agreed future interest @ 14.00 percent p.a. penal interest, costs, expenses and charges from the defendants.

The plaintiff states that, the loan account of the defendant’s is maintained by the plaintiff during the regular course of its business and recorded the entries therein according to the transaction taken place from time to time. The account statement annexed hereto.

Paper publication filed on defendant. Defendant called absent. No representation. Hence, defendant set exparte. This Court proceeded with the exparte evidence. The plaintiff bank got examined as P.W.1 and marked Ex.A-1 to A-7. Heard the counsel for plaintiff.

4.Now the points for determination are:

1.Whether the plaintiff bank is entitled for recovery of the suit amount with interest from the defendant as prayed for?

2. To what relief?

POINT No: 1 and 2:

To prove the claim of plaintiff, plaintiff got examined as PW1 and reitereated the contents of plaint in her chief affidavit and marked document

Ex.A-1 to A-7, where Ex.A-1 is the Attested copy of certificate of incorporation

dated 10.09.1999, Ex.A-2 is the attested copy power of attorney dated

O.S.No.2533 of 2023 Page No.7/8

03.11.2021, Ex.A-3 is the original preliminary credit facility application form

dated 23.12.2019, Ex.A-4 is the original credit facility application form dated

23.12.2019, Ex.A-5 is the office copy of the loan recall notice along with notarised reg postal receipts dated 30.09.2022, Ex.A-6 Attested copy of the loan statement of account no.SPHYD00041303546, dated 08.12.202 and Ex.A- 7 is the Affidavit filed under banker books of evidence act, dated 12.08.2022.

From Ex.A-3 and A-4, it is established that defendant approached plaintiff bank to avail credit facility loan amount and from Ex.A-5 it goes to prove that the plaintiff bank issued legal notice as defendant failed to repay back the loan amount. The defendant despite receiving summons did not represent before court and had also not responded to the legal notice issued by the plaintif. The evidence of the plaintiff is not challenged by the defendant.

Therefore, defendant in spite of receipt of demand notice, failed to repay the suit amount to the plaintiff's bank nor responded back and he also failed to appear before this Court. Hence, adverse inference can be drawn that the defendant is due to pay the suit amount. The unchallenged evidence of PW1 in corroboration with Ex.A.1 to Ex.A.7, establishes the plea of the plaintiff. Hence, this point is answered in favour of the plaintiff and against the defendant.

8. POINT NO.2

To what relief?

In the result, the suit is decreed with costs against the defendant for a sum of Rs.14,49,500.00/- with interest @ 12 % per annum from the date of filing of the suit to till the date of decree and with interest @ 6% per

O.S.No.2533 of 2023 Page No.8/8

annum from the date of decree to till the date of realization on the principal amount.

(Typed by me on my Laptop and after corrections, pronounced by me in the open Court on this the 03 rd day of October, 2024).

Sd/-

VIII JUNIOR CIVIL JUDGE,

CITY CIVIL COURT,HYDERABAD.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PLAINTIFFFOR DEFENDANT

PW1 : Chandra sekharExparte

DOCUMENTS MARKED FOR PLAINTIFFS:-

1. Ex.A-1 Attested copy pf certificate of incorporation dated 10.09.1999.

2. Ex.A-2 Attested copy power of attorney dated 03.11.2008.

3. Ex.A-3 Original preliminary credit facility application form dated 23.12.2019.

4. Ex.A-4 Original credit facility application form dated 23.12.2019.

5. Ex.A-5 Office copy of the loan recall notice along with notarised reg. Postal receipts dated 30.09.2022.

6. Ex.A-6 Atested copy the loan statement of account No.SPHYD00041303546,

dated 03.12.2022.

7. Ex.A-7 Afidavit filed under bankcer books of evidence act dated 12.032.2023.

FOR DEFENDANTS: -Nil-

Sd/-

VIII JUNIOR CIVIL JUDGE,

CITY CIVIL COURT :: HYDERABAD.

O.S.No.2744 of 2021 Page No.1-5

IN THE COURT OF THE VIII JUNIOR CIVIL JUDGE :: CITY CIVIL

COURT:: AT HYDERABAD.

Dated this the 18th day of February, 2022.

PRESENT: SMT. VINDHYA NAIK VIII Junior Civil Judge, City Civil Court: Hyderabad.

O.S.No.2744 of 2021

Between:-

1. Regintala Vijaya Laxmi, W/o. Late R. Hari Babu, Aged about:32 years, Occ : Housewife,

2. Regintala Kruti Sree, D/o. Late Hari Babu, Aged about:12 years, Occ : Student,

3. Regintala Chandra Koushik Gupta, S/o. Regintala Hari Babu, Aged about : 11 years, Occ : Student,

The plaintif Nos.2 & 3 being minor Represented by her Mother, Regintala Vijaya Laxmi i.e., Plaintif No.1

All are R/o. H.No.18-3-509, Hamamu Bowli, Shivalayam Temple Chatrinaka, Charminar, Hyderabad. …. Plaintiff

And

1. The Tahasidar, Bandlafuda, Hyderabad.

2. All Concerned. …. Defendantf

This suit is coming on 16 th day of February, 2022 before me for final hearing in the presence of Sri V. Narfimha Reddy, Advocate for the Plaintifs and Sri K. Praveen Kumar (AGP)/Advocate for the D1 reported no W.S. through CISCO Webex, D2 none appeared, and having been stood over for consideration, till this day, this court delivered the following:-

::JUDGMENT::

[1] This suit is filed for declaration to declare the plaintifs as legal heirs of deceased R. Hari Babu, who died on 01-05-2021.

The brief avermentf of the fuit are af followf:- [2]That the Plaintif No.1 is the wife and plaintif No.2 and 3 are the children of Late R. Hari Babu, who died on 01-05-2021 leaving behind

O.S.No.2744 of 2021 Page No.2-5

the plaintifs as his legal heirs and successors. That Late Hari Babu died intestate on 01-05-2021 as per death certificate issued by GHMC,

Hyderabad, Circle-1, dated:01-06-2021 leaving behind the plaintifs herein as his surviving family members to succeed his estate. After death of Late R. Hari Babu, the plaintif herein stepped into shows of late R. Hari Babu as his showing clause I legal heirs and successors in interest, as per the Section.8 of Hindu Succession Act. Except the plaintifs there are no other legal heirs to the Late R. Hari Babu. That the deceased R. Hari Babu during his time and till his death he lived along with plaintifs. That the plaintifs herein approach defendant no.1 in the month of June 2021 for grant of legal heir certificate. But the defendant No.1 refused to issue legal certificate to the plaintifs and stated he is not competent authority to issue legal heir certificate and advised to the plaintif to approach the civil court for legal heir certificate. That the plaintifs has no adverse interest and seeking the relief claimed herein on the relevant document substantiating their claim heir ship with reference to the substantiating their claim and heir ship with reference to the deceased and further no other persons claiming the same relief. That the plaintifs approached the Hon’ble

Court without suppression of any material facts on the date of filing of the suit. That after careful consideration and due enquiry the plaintifs noticed that this Hon’ble Court is the only appropriate forum where the plaintifs can be declared as legal heirs of the deceased R. Hari Babu.

Hence, this suit [3]Summons served to the defendants but they failed to appear

before the court. Hence, they were set exparte. This Court proceeded

O.S.No.2744 of 2021 Page No.3-5

with the exparte evidence. The plaintif got examined himself as PW1 and got marked Exhibit A1 to A4.

[4] Now the point for confideration if:-

i) Whether the Plaintiff are entitled for Declaration af Legal

Heirf of deceafed R. Hari Babu.?

ii) To what relief ?

[5] To substantiate the case of plaintif, plaintif No.1 is examined as PW1 and got marked Ex.A1 to A4. Ex.A-1 Death Certificate of Late.

Regintala Hari Babu, Ex.A-2 Aadhar Card of Plaintif No.1, Ex.A-3 Birth

Certificate of Plaintif No.2, Ex.A-4 Birth Certificate of Plaintif No.3.

[6]It is the case of plaintif that P.W.1 is the legally wedded wife and plaintif No.2 and 3 are the children of Late R. Hari Babu, who died on 01-05-2021 leaving behind them as his legal heirs and successors.

That her husband Late Hari babu died intestate on 01-05-2021 as per death certificate issued by GHMC, Hyderabad Circle-I, dt:01-06-2021.

After dearth of her husband she stepped into shoes of Late Hari Babu as his surviving clause I legal heirs and successor in interest, as per the Section.8 of Hindu Succession Act. Except them there are no other legal heirs of Late R. Hari Babu. That they approached the Defendant

No.1 in the month of June 2021 for grant of legal heir certificate, but the defendant no.1 refused to issue legal heir certificate and advised to approach the civil court for legal heir certificate. Therefore they approached the Hon’ble court without suppression of any material facts on the date of filing of the suit.

O.S.No.2744 of 2021 Page No.4-5

[7] In support of her oral evidence, she filed the Original Death

Certificate of Late Regintala Hari Babu as Ex.A1, Aadhar Card of

Plaintif No.1 as Ex.A2, Birth Certificate of Plaintif No.2 as Ex.A-3, Birth

Certificate of Plaintif No.3 as Ex.A-4. The Ex.A-1 to A-4 establishing the relationship of the plaintifs and the deceased Late R. Hari Babu.

[8]The defendants though received summons did not appear before the court and they were set exparte. The oral and documentary evidence adduced by the plaintifs remained unchallenged. Hence, the plaintifs established that they are the legal heirs of Late Regintala Hari

Babu. This finding is only to the extent of declaring the plaintifs as legal heirs and it is not binding on any other persons except the plaintifs. Accordingly, this point is answered in favour of the plaintifs.

[9] POINT NO. 2:- ii) To what relief ?

As discussed supra, the plaintifs by producing cogent and reliable evidence established that they are the legal heirs of the deceased Late Regintala Hari Babu. Hence, they are entitled for the declaration of legal heirs as prayed by them. Accordingly this point is answered.

[10] IN THE RESULT, the suit is decreed without costs by declaring plaintifs as legal heirs of deceased Late Regintala Hari Babu.

(Typed by me on my Laptop and after corrections, pronounced by me in the open Court on this the 18th day of February, 2022).

VIII JUNIOR CIVIL JUDGE,

CITY CIVIL COURT,HYDERABAD.

O.S.No.2744 of 2021 Page No.5-5

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PLAINTIFFFOR DEFENDANT

PW1 : Smt R. Vijayalaxmi ..Exparte..

DOCUMENTS MARKED FOR PLAINTIFFS:-

1. Ex.A1 Death Certificate of Late Regintala Hari Babu 2.Ex.A2 Aadhar card of Plaintif No.1

3. Ex.A3 Birth Certificate of Plaintif No.2.

3.Ex.A-4 Birth Certificate of Plaintif No.3

FOR DEFENDANTS: -Nil-

VIII JUNIOR CIVIL JUDGE,

CITY CIVIL COURT :: HYDERABAD.

O.S.No.2744 of 2021 Page No.6-5

DECREE IN ORIGINAL SUIT

IN THE COURT OF THE VIII JUNIOR CIVIL JUDGE :: CITY CIVIL

COURT:: AT HYDERABAD.

Dated this the 18th day of February, 2022.

PRESENT: SMT. VINDHYA NAIK VIII Junior Civil Judge, City Civil Court: Hyderabad.

O.S.No.2744 of 2021

Between:-

1. Regintala Vijaya Laxmi, W/o. Late R. Hari Babu, Aged about:32 years, Occ : Housewife,

2. Regintala Kruti Sree, D/o. Late Hari Babu, Aged about:12 years, Occ : Student,

3. Regintala Chandra Koushik Gupta, S/o. Regintala Hari Babu, Aged about : 11 years, Occ : Student,

The plaintif Nos.2 & 3 being minor Represented by her Mother, Regintala Vijaya Laxmi i.e., Plaintif No.1

All are R/o. H.No.18-3-509, Hamamu Bowli, Shivalayam Temple Chatrinaka, Charminar, Hyderabad. …. Plaintiff

And

1. The Tahasidar, Bandlafuda, Hyderabad.

2. All Concerned. …. Defendantf

This suit is coming on 16 th day of February, 2022 before me for final hearing in the presence of Sri V. Narfimha Reddy, Advocate for the Plaintifs and Sri K. Praveen Kumar (AGP)/Advocate for the D1 reported no W.S. through CISCO Webex, D2 none appeared, and having been stood over for consideration, till this day, this court delivered the following:-

Claim:- This suit is filed for declaration to declare the plaintifs as legal heirs of deceased R. Hari Babu, who died on 01-05-2021.

Valuation:- This suit is filed for declaration of the plaintifs as the legal heir of deceased Mohammed Nayeemuddin Ghori S/o. Mohammed Abdul Razzak Ghori. Plaintifs value the suit at Rs.25,000/-. Hence, the court fee of Rs.1586/- is paid under section 24(d) of the CF and SV Act.

O.S.No.2744 of 2021 Page No.7-5

Suit filed on:13-07-2021 Suit numbered on: 13-07-2021

1. That the suit filed by the plaintif is hereby decreed without costs.

2. That the plaintifs are declared as legal heirs of deceased Late Regintala Hari Babu.

3. That there is no order as to costs.

Given under my hand and seal of this court on this the 18th day of February, 2022.

VIII JUNIOR CIVIL JUDGE,

CITY CIVIL COURT AT HYDERABAD.

MEMO OF COSTS

Plaintifs Defendants

1. Stamp on Plaint ...Rs. 1586 .00 NIL

2. Stamp on power ...Rs. 2 .00 --

3. Service of Process ...Rs. 100.00 –

4. Advocate Fees … NIL

5. Miscellaneous ... --–

---------------------------- -------------------------

Total: Rs. 1688.00NIL

-------------------------- -----------------------

VIII JUNIOR CIVIL JUDGE,

CITY CIVIL COURT AT HYDERABAD.