The Debt Recovery Tribunal, Bengaluru, entertained an Original Application for recovery under the DBRA, 1993. With the Defendant absent and the Bank's evidence uncontradicted, the Court allowed the application and directed the issuance of a recovery certificate for the outstanding amount.
Direction to issue a Recovery Certificate as sought by the Applicant Bank.
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 RECOVERYTRIBUNAL.I, KARNATAKA
AT BENGALURU
Dated this the 10th dayof November,2023
Present: Sri IMTIAZALI
Presiding Officer
O.A.No.213l2022
BETWEENI
Canara Bank Bellur Branch Nagamangala Taluk Mandya District Mandya 57I4LB
.. APPLICANT
AND:
Sri Kariyaiah Aged about 57 Years S/o. LateBeltaiah Residing atMaranahalli, SingaPura(V) NarayanaPura GramaPanchayat PandavapuraTaluk Blllur, MandyaDistrict 571455 " DEFENDANT counsels onrecord/aDDearedfor: Applicant : sri H.S RukkojiRao Defendant i Ex-Parte
FINAL ORDER
Thepresent OAhave been filed by the ApplicantBank
under Section19 of the Recovery of Debts and Bankruptcy Act, 1993, seekingrecoveryof moneyof Rs'45'36'2431' Rupees forty-fivelakh thirty-six thousandtwo hundred forty-three only)togetherwith costs, interest'etc'
oa.No.213/2022
has approached theApplicant Bank for a Farm Machinery Loan for thepurpose ofpurchasing a tractor and trailer. Accordingly, theApplicant Bank has consideredthe request of the Defendant andsanctioned Farm Machinery Loan of Rs.5,OO.0OO/- on 30.06.2005interms ofthe loan agreements. In order tosecure the loan, the Defendant has executed various documents,viz,t memorandum of agreement for agriculturalloans, simple modgagedeedand letters of revival, etc.
!,
OA.No.213/2022
the satisfactionof the Applicant Bank'as when dueto OA bYthe Applicant Bank' detailedin the
7.To prove the case of the Applicant Bank' it's Manager' SriSanjuRhasfiledhisaffidavitbywayofevidencetheSame was consideredas evidenceof AW'1 and marked at Ex'A1 and
\
OA.No.213/2022
list of documents came to be marked at Ex.A2 and11
documents came to be marked at Ex.A3 to A13.
Applicant Bank heard andperused the records of the case.
REASONS
b
OA.No.2r3l2022
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 as possible, 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 10h day of November, 2023)
\
V \ (rMrrAaALr) PRESIDING OFFICER DRT-I, Bengaluru
ANNEXURES
Witness Examined for the Aoolicant Bank: AW-1 : Sri Sanju R Manager of the Applicant Bank List of Documents Exhibited for the Aoolicant Bank: Ex.A-1 : Affidavit of AW-1 Ex.A-2 : List of Documents Ex.A-3 to A-13 : 11 documents
witness Examaned for the Defendant:
List of Documents Exhibited for the Defendant:
,,,,,)i,.)f PRESIDING OFFICER DRT-I, Bengaluru
. sr.
2 issues framed by the court
Whether the Applicant Bank has discharged the requisite burden of proof regarding the loan default?
What order should the Debt Recovery Tribunal pass in the absence of the Defendant and with uncontradicted evidence?
1 provisions across 1 enactments
Canara Bank Bellur Branch
IMTIAZ ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
