The Debts Recovery Tribunal allowed the Originating Application filed by Bank of Baroda for recovery of Rs. 28.01 lakhs against defaulters. The bank proved its case via affidavit evidence and documents, while defendants remained absent in ex-parte proceedings.
OA allowed with costs, interest, and order to issue Recovery Certificate for the amount.
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 December, 2023
Present: Sri Imtiaz Ali
Presiding Officer
oA No,4Al2022
BETWEEN:
Bank of Baroda ( Erstwhile Vuaya Bank) Plot No.2Bl2
Opp. Mahamayi Temple AI/PO - KOLTWADA
Hubballi, Dist; Dharwad Karnataka -581 195
Represented by its Branch lYanager Sri Manjunath
APPLICANT
AND:
2,Sri Suresh V. Hakari S/o Sri Virappa Aged about 49 years At: Koliwada Hubli - 580 023
DEFENDANTS
Counsels on record/aopear€d for:
Applicant i Smt. Kavitha N. Defendants I Ex-pafte
FINAL ORDER
under Section 19 of the Recovery of Debts and Bankruptcy
<br>
OANo.48/2022
Act, 1993,seeking recovery of money of Rs'2a'01'026'10 (Rupees twenty-eightlakhs one thousandtwentysix andpaise tenonly)together with costs' interest' etc'
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OA No.48/2022
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.48/2022
at the timeof hearing, when the 9. Noneappeared matter was Postedfor argumentsand perused the records of the case.
v,
oA No.48/2022
referred points in the following manner:
REASONS
!2. The Branch Manager of the Applicant Bank came to be examined as AW.1. His affidavit by way of evidence reiterated the facts pleaded in the plaint and his affidavit is also corroborated by the above-referred Ex.A3 to A1O which clearly establish the case of the Applicant Bank to allow the present OA. Added to this, the Defendants have remained absent, hence it is to be construed that Defendants have admitted the entire case pleaded by the Applicant Bank in the present oA.
ORDER
Present OA stands allowed as prayed for with interest
and costs.
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OA No.4A/2022
In theevent of failure of the Defendants to pay the said oA amount, theAppllcantBank is at liberty to sell the ScheduleJA"properties in accordance with lawas soughtby the APPllcantBankin theOA'
In spite ofsale of the ScheduleJA" properties'if the OA amount isnot fully realised,then the Applicant Bank is at liberty toproceed againstthe persons and other properties of the Defendantsin accordancewith law'
AppllcantBank shall file latest Memo of Calculation of OA amounttogetherwithinterest,costs etc 'to be paid by Defendantsduly takingintoaccountthe amount/s'if any/ paid by the Defendantsand/oramountrealisedby sale of assets, etc.,duringthe intervening period after filing the OA' to enable theoffice to prepareRecoveryCertificatefor the amountto be paid by the Defendantsto the Applicant Bank'
office is directedto issue RecoveryCertificateas sought by the ApplicantBank in the OA and do the needfulas required underthe law forthwith'
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OA No.48/2022
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 11th day of December, 2023) \t\v
\ (rmtial Ali) Presiding Officer DRT-I, Bengaluru
ANNEXURES
Witness Examined for the Aoolicant Bank: AW-1 : Sri Manjunath,
The Branch Manager of Applicant Bank Lipt of Documents Exhibited for the Apolicant Bank: Ex.A-1 : Affidavit of AW-1 Ex.A-2 : List of Documents
Ex.A-3 to A-10 : B documents
Witness Examined for the Defendants:
Nit -
List of Documents Exhibited for the Defendants:
n
3 issues framed by the court
Whether the applicant bank proved its case as contended in the plaint/application?
What order should be made in the present OA?
Whether the recovery certificate should be issued for the outstanding dues?
1 provisions across 1 enactments
Bank of Baroda
Sri Ishwarappa Sosaravi
Sri Suresh V. Hakari
Imtiaz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
