The DRT-I, Bengaluru allowed an ex parte Originating Application filed by State Bank of India to recover ₹24,55,712/- outstanding to the Respondent, who failed to appear, relying on the Bank's affidavit evidence and documents.
Allowed OA with interest and costs; liberty to sell properties; directed 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 RECOVERY TRIBUNAL-I, KARNATAKA
AT BENGALURU
Dated this the 11th day of Decembet,2023
Present: Sri Imtiaz Ali
presiding Officer
oa No.135a/2022
BETWEEN:
State Bank of India
Asset Recovery Management Branch Bengaluru
Lending Branch: Chitradurga Represented by its Chief Manager STi Rama Moger
,. APPLICANT
AND:
Sri Ajjappa S/o. Late Revappa Aged about 50 years R/o NellikatteVillage, Bharamasagara Hobli Chitradurga - 577 5O7
.. DEFENDANT
Counsels on teaord/appeated fori
Applicant : Sri G.N.Sathya Murthy Defendant i Ex parte
FINAL ORDER
The present OA has been filed by the Applicant Bank under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993, seeking recovery of money of R5',24,SS,7L2/-
(Rupees Twenty four lakhs fifty-five thousand seven
hundred twelve only) together with costs, interest, etc.
V
OA No.1358/2022
3, In order to secure the loans, the Defendant has executed various documents such as; Hypothecation Agreements and Registered Mortgage Deed etc.
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OA No.13s8/2022
where the mortgaged lands situated areowned bythe Defendant are draughtprone and /ordraught affected areas from time to time. Since therepaying capacity of the borrowers in draughtprone and /ordraught affected areas gets severely impaired due to the damage to the economic pursuits and loss of economic assets, relief in repayment of loans becomes necessary in areas affectedby natural calamity and hence, restructuringof the existingloans of the borrowers in draughtprone/affected areas are requiredto be provided with relief measures including relief in repayment of loans by way of rephrasing/reschedullng/restructuringof the existing loans withoutinsisting foradditional collaterals in terms ofguidelines issued by RBI from time to time.
a)The Term Loan was rephasedon 30.03.2010wherethe overdueportion in a sumof Rs.2,38,3371- is credited to the Account No.64022376993 and debited tothe rephased account bearing No.64057581221.
b) The Term Loanwas rephased on 07.O9'2012 where the overdueportion in asum of Rs.2,29,699/- is credited to the original Account No.64022376993and debited tothe rephased account bearing No.64103454408.
c) The Term Loan wasrephasedon 08.05.2014wherethe
OA No.1358/2022
overdue portion in a sum of Rs.2,30,99U- is credited to the original Account No.64022376993 and debited to the rephased account bearing No.6414745t729.
d) The rephased I loan was again rephased on 07.Og.2Ol2 where the overdue portion in a sum of Rs.2,13,886/- is credited to the rephased I account bearing No.64057581221 and debited to the rephased account bearing No.64103457840.
e) The KCC original Loan was rephased and closed on 29.03.2010 where the overdue portion in a sum of Rs.44,394/- is credited to the original KCC Account and debited to the rephased account bearing No.64O57573672.
f) The rephased KCC was rephased on 07.09.2012 where the overdue portion in a sum of Rs.38,503/- is credited to the rephased KCC Account bearing No.64103456664.
g) The rephased KCC was rephased again on 066.08.2014 where the overdue portion in a sum of Rs.2,34Ol- is credited to the rephased KCC account bearing No.64057573672 and debited to the rephased account bearing No.64147235509. 6. Further, the Defendant has agreed to repay the above loans with variable rate of interests, as applicable from time
u
OA No.1358/2022
to time as per the directions of the Head Office/Central Office of the Applicant Bank and penal interest in case of default and keep the accounts regular by paying installments 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.1358/2022
11. No evidence on behalf of the Defendant.
Applicant Bank heard andperused therecords ofthecase.
L4, For the following reasons, I answer the above-
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OA No.1358/2022
referredpoints in the following manner:
REASONS
ORDER
Present OA stands allowed as prayed for with interest and costs.
In the event of failure of the Defendants to pay the said OA amount, the Applicant Bank is at liberty to sell the Schedule-I and Schedule-Il properties as mentioned in the main application of the OA in accordance with law as sought by the Applicant Bank in the OA.
OA No.13s8/2022
In spite of sale of the Schedule-I andSchedule-Il properties, if the OA amount is not fully realised, then the Applicant Bank is at liberty toproceed againstthe personand other property of the Defendant in accordance withlaw.
Applicant Bank shall file latest Memo of Calculation of OA amount together with interest, costs etc., tobe paid by Defendant duly taking into account the amount/s, if any,paid by the Defendant and/or amount realised by sale ofassets, etc., during the interveningperiod after filing theOA, to enable the office toprepare Recovery Certificate forthe 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 OA and do the needful as required under the law forthwith.
The Office is directed to issue, as far aspossible, free copy of this order to theparties concerned.
(Dictated to the Stenographer, after its transcription and necessary corrections, signed and pronounced by me in the Open Court on this the 11'" day of DTember, 2023) v* Y (htibz Ali) Presidin'g Officer DRT-I, Bengaluru.
oA No.1358/2022
ANNEXURES
Wit4ess Examined for the AoolicantBank: AW-1 : Sri Rama Moger Chief Manager of the Applicant Bank List of Documents Exhibited for the AoolicantBank: : Affidavit of AW-l Ex,A-1 Ex.A-2 : List of Documents Ex.A-3 to A-24 : 22 documents
witness Examined for theqefendants:
Nit -
Ari) Presiding Officer DRT-I, Bengaluru
n
2 issues framed by the court
Whether the Applicant Bank proved its case under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993?
What order to be passed on the ex parte application by the Bank?
1 provisions across 1 enactments
State Bank of India
Sri Ajjappa
Imtiaz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
