The Debts Recovery Tribunal allowed an application filed by Canara Bank for recovery of loans granted to the defendant, which remained unpaid despite notices. The defendant was ex parte.
Order allowed with interest and costs; liberty to sell scheduled properties; directive to issue Recovery Certificate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERYTRIBUNAT.I, KARNATAKA
AT BENGALURU
Dated this the 10ttr day of October; 2023
Present: SRI IMTIAZ ALI
Hon'blepresiding 0fficer
oAt238/2022
BETWEEN:
CANARABANK
Main Branch
New Vital Mandir Road
BTIAPUR - 586 101 Represented by is Chief Manager Mr. Mohammed Rashid
.. APPLICANT
AND:
SRI RAVI BHIMSING LAMANI
Residing at :
HUBANUR VILLAGE
Bijapur District - 585 7L4
.. DEFENDANT
Counsel on recordl/anneared for:
Applicant : Smt. Malini Vinay
Defendant : Ex-parte
FINAL ORDER
The present OA has been filed by the Applicant Bank under Section 19 of the Recovery of Debs and Bankruptcy Act, t993, seeking recovery of money of Rs.21,36,109/- (Rupees Twenty One Lakh Thirty Six Thousand One Hundred Nine only) together with interest, costs, etc.
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OA.No.1238/2022
an agriculturist avaihd two loans from the Applicant Bank in the year 2016 for his agriculhrral activities viz., lJKissan Credit Card Loan of Rs.7,50,000/- for crop cultivation under Loan Account No.0504840008256 sanction ed, on 28.07 .2016 and 2)Agricultural Term Loan of Rs.4,00,000/- for Grape development under Loan Account No.O504891007574 sanctioned on 17.08.2016. In order to secure the loan, the Defendant has executed various documenb viz., Simple Mortgage Deeds, Agreement and Deed of Hypothecation, Memorandum of Agreement and Letters of Revival etc.
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OA.No.7238/2022
the directions of the Head Office / Cenual Office of the Applicant
Bank and penal interest in case of default and keep the accounb regular by paying installmenb as and when due to the satisfaction of the Applicant Bank, as detailed in the OA by the Applicant Bank.
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OA.No.1238/2022
through RPAD., and the same was returned as 'refused'. Service heH sufficient. When the Defendant was calhd out, the Defendant remained absent and hence placed ex parte on 01.03.2023.
Sri Raju has filed his affidavit by way of evidence and same was considered as evidence of AW.1 and marked at Ex.A1 and List of Documents came to be marked at Ex.A2 and 16 documents came to be marked at Ex,A3 to 18.
Bank heard and perused the records ofthe case.
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OA.No.123812022
REASONS
ORDER
Present OA stands allowed as prayed for with interest and
costs.
In the event of failure of the Defendant to pay the said OA , amount, the Applicant Bank is at liberty to sell the Schedule-, A and 'B' properdes in accordance with law as sought by the Applicant Bank in the OA.
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OA.No.7238/2022
In spite of sale of the Schedule-' A'and 'B ' properties, ifthe OA amount is not fully realised, then theApplicantBankis at liberty to proceed against theperson and otherproperty of the Defendant as required under law and alsoas advised.
Applicant Bank shall file latest Memo of Calculation ofOA amount together with interest, costs etc.,to be paid by Defendant duly taking into account the amount/s, if any,paid by the Defendant and/or amount realised by sale of assets, etc., duringthe intervening period after filing theOA, to enable the officeto prepare Recovery Certificate for the amount to bepaid by the Defendant to the Applicant Bank.
Office is directed to issue Recovery Certificate as sought by the Applicant Bank in the 0A and do the needful as required under the law forthwith.
The Office is directed to issue, as far as possible, free copy of this order to the parties concerned.
(Dictated to the Stenographer, after its transcription and necessary corrections, signed and pronounced by me in the Open Court on this the 10th day\of 0ctober, 20231
L-
(lrvhlnznu) Presiding Officer DRT-1, Bengaluru
OA.No.!23812022
ANNEXURES
Witnesses examined for the Applicant Bank AW-1 : Sri Raju the Senior Manager of the Applicant Bank
Documents marked on behalf of the Applicant: Ex.A.1: :Affidavit Evidence of AW1 Ex.A2: : List of witnesses
Ex.A3 to A1B : 16 documents.
Witness Examined for the Defendant:
List of Documents Exhibited for the Defendant:
Nil-
\ cvb \ ro'o (rMTlAz ALr) Presiding Officer ORT-1, Bengaluru
,
2 issues framed by the court
Whether the applicant bank proved its case of debt recovery as pleaded in the application?
What order should be passed to recover the outstanding dues?
1 provisions across 1 enactments
Canara Bank
Imtiaz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
