The Debt Recovery Tribunal allowed an application filed by Karnataka Gramin Bank for recovery of a defaulted agricultural term loan of Rs. 21,68,143 plus interest and costs against the legal heirs and co-obligents of the original borrowers.
Recovery of Rs. 21,68,143 along with interest and costs; liberty to sell schedule properties; issuance of 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 28th day of April, 2023
Present: Sri IMTIAZ ALI
Presiding Officer
OANo.362l2022
BETWEEN!
Karnataka Gramin Bank
(Earlier known as Pragathi Krishna Gramin Bank)
Kolur Branch
Kolur village
Ballari Taluk
Ballari District
Represented by its Branch Manager and The Authorised Officer Smt. Jyothi Rani
.. APPLICANT
AND:
Wo.Late Aladahalli Erappa
Residing at:
V.T Camp, Dammuru village Kurugodu Taluk Ballari District
Karnataka State 583 116
2. Sri Anjinappa
S/o Late Aladahalli Erappa Residino at:
V.T Camp, Dammuru village Kurugodu Taluk Ballari District
Karnataka State 583 116
3. SriAKGadalingappa
\ <sup>' t
S/o Late Duragamma
Residino at:
V.T Camp, Dammuru village xurugodu Taluk Ballari District Karnataka State 583 116
oA.No.362/2022
4. Sri Dharmaraya
S/o Late Duragamma Residing at: V.T Camp, Dammuru village Kurugodu Taluk Ballari District Karnataka State 583 116
6, Sri K Subba Rao S/o Sri Nagabushanam Residing at: V.T Camp, Dammuru village Kurugodu Taluk Ballari District Karnataka State 583 116 .. DEFENDANTS
Counsels on record /aooeared for: Sri N.G. Ravikumar Applicant : Defendants i Ex-parte
FINAL ORDER
(Rupees twenty-one lakhs sixty-eight thousand one hundred and forty-three only) together with costs, interest, etc.
v
OA.No.362/2022
S/o Sri Balanaik and Smt. Duragamma D/o Thimmappa were approached the Applicant Bank for an Agricultural Term Loan for the purpose of purchase of Tractor and Trailer. The Applicant Bank has considered the request of the Sri Erappa S/o Sri Balanaik and Smt. Duragamma D/o Thimmappa and sanctioned an Agricultural Term Loan of Rs.4,25,000/- on 06.09.2004. In order to secure the loan, the Defendants have executed documents, viz., Memorandum of agreement for agricultural loans, Demand promissory note, Letter of undertaking, Registered simple mortgage deed, Letters of Revival etc.,
\
oA.No .362/2022
thereon asper the terms andcondition agreed by the Defendants. In view of the continued default,the loan account was classified asNon-Performing Asset. Thereafter, the Applicant Bank has issued LegalNotices on 09.03.2021 & 06.L2.2021 to the Defendants,calling upon them to repay the outstanding dues. In spiteof receipt of Legal Notices,the Defendants have failed topay the outstandingdues and hence the recoveryprocess isinitiated torecover the dues.
u
OA.No.362/2022
called out, Defendants remained absent and placed ex parte.
B. To prove the case of the Applicant Bank, it,s Authorised Officer, Sri S. Mukunda has filed his affidavit by way of evidence the 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 24 documents came to be marked at Ex.A3 to A26.
L2. For the following reasons, I answer the above-
referred points in the following manner:
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oA.No.362/2022
REASONS
ORDER
Present OA standsallowed as prayed for with interest and costs.
i
In the event offailure of the Defendantsto pay the said OA amount, theApplicantBank is at liberty to sell the Scheduleproperties in accordancewith law as sought by the Appllcant Bankin the oA.
I
OA.No.362/2022
In spite of sale of the schedule properties, if the OA amount is not fully realised, then the Applicant Bank is at liberty to proceed against the persons and other properties of the Defendants in accordance with law.
Applicant Bank shall file latest Memo of Calculation of OA amount together with interest, costs etc., to be paid by Defendants duly taking into account the amount/s, if any, paid by the Defendants and/or amount realised by sale of assets, etc., during the intervening period after filing the OA, to enable the office to prepare Recovery Certificate for the amount to be paid by the Defendants 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 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 2gth day of Alril,2023)
Y (rMTrhz ALr) PRESIDING OFFICER DRT-I, Bengaluru
OA.No.36712022
ANNEXURES
: Sri S. Mukunda
Authorised Officer ofApplicant Bank
Ex.A-l : Affidavit of AW-1 Ex.A-2 : List of Documents
Ex.A-3 to 4-26: 24 documents
Nil
$
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(rMrrA2 ALr) PRESIDING OFFICER DRT-I, Bengaluru
c
2 issues framed by the court
Whether the Applicant Bank proved its case as contended in the application?
What relief should be issued to the Applicant Bank?
1 provisions across 1 enactments
Karnataka Gramin Bank
Smt. Thippamma
Sri Anjinappa
Sri A.K. Gadalingappa
Sri Dharmaraya
Sri K Venkataramana
IMTIAZ ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
