The DRT allowed an Originating Application filed by Punjab National Bank under Section 19 RDB Act for recovery of Rs. 30,46,949.12 as a defendant appeared ex parte and the Bank's evidence was accepted uncontroverted.
OA allowed with interest and costs; liberty to sell schedule properties and issue Recovery Certificate.
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IN THE DEBTS RECOVERY TRIBUNAL-I, KARNATAKA
AT BENGALURU
Dated this the 12th day of December, 2023
Present: Sri Imtiaz Ali
Presiding officer
oA NO,494/2022
BETWEEN:
PUNJAB NATIONAL BANK
Branch Office at; Deshpandenagar HUBLI,
Dharwad District
Represented by its Chief Manager And PA Holder:
Sri Sanjeev Vithal Deshpande
.. APPLICANT
AND:
Age: Major
WoSri Mahadevappa
Age: Major
WoBasavaraj Angadi
Age: Major
5.Mr. Mahadevappa Kiresur
Age: Major
All are R/at MIG-386, Navanagar HUBLr - 5aOO24 Dharwad District.
\
OANo.49412022
Also at: House No.439 Navalagunda Koliwad, Dha rawad District
.. DEFENDANTS
Counsels on record/aooeared for:
Applicant : Sri Yogesh L. Hiremath Defendants 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 RS.3O,46,949.L2 (Rupees Thirty lakhs forty-six thousand nine hundred forty-nine and paise twelve only) together with costs, interest, etc.
i)KCC Loan Facility of Rs.2,00,000/- ii)Renewed the KCC Loan Facility of Rs.3,00,000/-, iii)Additional enhancement of
u-
AANo.494/2022
KCC Loan Facility of Rs.10,00,000/- and Crop Facility of Rs.10,00.000/-.
The Defendants No.2 and 3 are the Guarantors for the loans availed by the Defendant No.1. The Defendant No.4 executed GPA appointed her mother Smt. Mallavva lv1. Kiresur i,e. Defendant No.3 as herpower of attorney holder to act on her behalf. By offering immovableproperties as schedule properties andjointly owned by the Defendants No.1 to 5. Accordingly, the Applicant Bank had sanctioned the Loan facilities in favour of the Defendants which are as mentioned below:
1)KCC-Agri Loan Facility of Rs.2,00,000/- under Loan Account No.0209008600000160 on 28.07.2010 in favour of the Defendants. 2)KCC Renewed Loan Facility of Rs.3,00,000/- on 07.09.2011, 3)Additional enhancement of KCC Loan Facility of Rs.10,00,000/- on 08.08.2015 and 4)Crop Loan Facility of Rs.10,00,000/- under Loan Account No.0209000AE00007284 on 03.06.2017.
!
OA No.494/2022
Consent, Registered MortgageDeeds,B.C. Letters,Mandate in case of Joint Borrower and ConsentLetter from Guarantor etc.
T
oANo.494/2022
time to time as per the guidelines of RBI.
I
OANo.49412022
agreed interest in terms of the agreed conditions, to which the Defendants have failed to repay the outstanding dues with interest.
7, In the light of these factors, it is contended by the Applicant Bank that, the Defendants are liable to pay a total sum of Rs.30,46,949.12 (Rupees Thirty lakhs forty-six thousand nine hundred forty-nine and paise twelve only).
,,
OANo.a9a/2022
REASONS
t4. The Senior Law Manager and PA Holder 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 affldavit is also corroborated by the above-referred Ex.A3 to A29 which clearly establish the case of the Applicant Bank to allow the present OA. Added to this, the Defendants No.1 to 5 have remained absent and hence they were placed ex parte. Therefore, it is to be construed that the 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.
OA No.49412022
In the event of failure of the Defendants to pay the said OA amount, the Applicant Bank is at liberty to sell the Schedule Properties-Item Nos.1 to 3 owned by the Defendants No.1 to 5 as mentioned in the main application of the OA in accordance with law as sought by the Applicant Bank in the oA.
In spite of sale of the Schedule properties-Item Nos.1 to 3 owned by the Defendants No.1 to 5 as mentioned in the main application of the OA, 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 as required under law and also as advised.
Applicant Bank shall file latest l.4emo 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 Certiflcate for the amount to be paid by the Defendants to the Applicant Bank.
,
OANo.49412022
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 12th day of December, 2023)
\t\L \ (Imti{z eli) Presiding Officer DRT-I, Bengaluru
ANNEXURES
Witness Examined for the Applicant Bank:
AW-1 : Sri Narendra Pratap Singh The Senior Law Manager and PA Holder of the Applicant Bank
List of Documents Exhibited for the Aoolicant Bank:
Ex.A-1 : Affidavit of AW- 1 Ex.A-2 : List of Docu ments
Ex.A-3 to A-29 : 27 documents
witness Examined for the Defendantsr
Nil -
List of Documents Exhibited for the Defendants:
;,,,,v (Imtiaz Ala) Presiding Officer DRT-I, Bengaluru
n
2 issues framed by the court
Whether the Applicant Bank has proved its case for recovery of dues?
What order shall be passed in the present OA?
1 provisions across 1 enactments
PUNJAB NATIONAL BANK
Mr.Ramesh M. Kiresur
Sri Imtiaz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
