The DRT allowed the bank's OA for recovery of dues from a defendant who failed to repay a home loan and was absent from the proceedings following ex parte service.
OA allowed with costs; Recovery Certificate to be issued.
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 11tt day of Octobeq, 2023
Present: SRI IMTIAZ ALI
Hon'blepresiding 0fficer
oA28/2022
BETWEEN:
STATE BANK OF INDIA Branches interalia at MSMEC Hosur Branch At Sri Vaari Building, Pbt No.2, SIPC0T industial estate Phase-1, Zuntvadi, HOSUR - 635126 (Represented by iB Manager Sri P. Muralikanthan
.. ApptICANT
AND:
SRI UDAYA KUMARA K. Aged about 40 years S/o. Sri Kamalanathan R/at No.10, MIG, Btr Block Koramangala 6th Block BENGALURU - 560 095 ,. DEFENDANT Counsel on record/apoeared for:
Applicant : Smt. Vachana G.K. 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, 1993, seeking recovery of money of Rs.52,50,956/_ (Rupees Fifty Two Lakhs Fifty Thousand Nine Hundred Fifty Six only) together with
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oA,No.28/2022
cosB, interest, etc.
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OA.No.2812022
regular by paying installrnenb as and when due to the satisfaction of
the Applicant Bank, as detaibd in the OA by the Applicant Bank.
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oA.No.28/2022
RPAD on O5.O1.2OZ|remained unserved and returnedwith postal remarks as"Left withoutinstructions".Thereafterthe Applicant Bank published thesummons on 18.10.202 in two Daily Newspapers " NewIndian Express"and " Kannada Prabha"' When Defendant was calhd out,Defendantremainedabsentand placed ex parte 09.02.2023.
Bank heard and perused therecordsof the case.
tl. Folbwing poinb arise formy consideration:
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OA.No.28/2022
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 property in accordance with law as sought by the Applicant Bank in the OA.
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OA.No .2812022
In spite of saleof the scheduleproperty,if the OA amount is not fully realised,then the ApplicantBank is at Iibertyto proceed against theperson and other propertyof the Defendant as required under law andalso as advised.
Applicant Bankshall file latestMemo of Calculationof OA amount togetherwith interest,costs etc', to be paid by Defendant duly taking intoaccountthe amount/s, if any, paid by the Defendant and/or amountrealised by sale of assets, etc', during the interveningperiodafterfilingtheOA,toenabletheofficetoprepare Recovery Certificatefor the amountto be paid by the Defendant to the Applicant Bank.
Office is directed toissue RecoveryCertificate as sought by the ApplicantBank in the OA and do the needfulas required under the law forthwith.
The Office is directedto issue, as far as possible, free copy of
this order to theparties concerned'
(Dictated to the Stenographer,after its transcriptionand necessarycorrections' signedand pronounced by me in the Opencourton this the 11thdayofoctober'2023)
I\z (IMTIAZ ALI) Presiding Officer DRT-1, Bengalur
OA.No.28l2022
ANNEXURES
Witnesses examined for the Applicant Bank AW-1 : Sri P.Muralikanthan, the Manager of Applicant Bank
Documents marked on behalf of the Applicant: Ex.A.1: :Affidavit Evidence of AWL Ex.AZ: : List of witnesses
Ex.A3 to .A11 : 9 documents.
Witness Examined for the Defendant:
Nil-
List of Documents Exhibited for the Defendant:
Nil-
,rrrhr]"' Presiding Officer DRT-1, Bengaluru
2 issues framed by the court
Whether the Applicant Bank proved its case for recovery of dues?
Whether the present Originating Application (OA) should be allowed?
1 provisions across 1 enactments
STATE BANK OF INDIA
IMTIAZ ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
