The Debts Recovery Tribunal allowed the original application filed by a bank to recover dues against a borrower who failed to appear in court. The court found the borrower's default established by non-appearance and evidence submitted by the bank.
Recovery of dues as per calculation, liberty to sell schedule properties, and 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 2nd day of February,2024
PTESENt: Sri IMTIAZ ALI
Presiding Officer
OANo.942/2O22
BETWEEN:
Karnataka Gramin Bank Murki Branch Kamalanagar Taluk Bidar District Karnataka State- 585417 Represented by its Branch Manager
.. APPLICANT
AND:
Sri Habib Sab S/o Sri Gudusab Shaik Aged about 70 years Residents of Murki Village Kamalanagar Taluk Bidar District- 585417
..DEFENDANT
Counsels on record/apDeared for: Applicant : Sri c Lokesh Murthy Defendant i Ex-parte
FINAL ORDER
r \v.t
OA No.942/2022
(Rupees Twenty Five Lakh Eighty Thousand Six Hundred Seventy Nine only) together with costs, interest, etc.
OA No-942/2022
Rs.0.50 lakhs at the interest rate of 13.5olo. v) Term loan of Rs.0.50 lakhs at the interest rate of 13.5olo.
!
OA No-942/2022
Defendant through RPAD remained unserved and returned with postal remarks.'Refused,,. Hence, service held sufficient. When the Defendant is called out, the Defendant remained absent and placed ex parte,
Applicant Bank heard and perused the records of the case.
referred points in the following manner:
\
OA No.942/2022
REASONS
examined as AW.1. His affidavit by way ofevidence reiterated the facts pleaded in the plaint and his affidavit is also corroborated by the above-referred Ex.A3 to A50 which clearly establish the case of the Applicant Bank to allow the present OA. Added to this, the Defendant has remained absent, hence it is to be construed that Defendant has admitted the entire case pleaded by the Applicant Bank in the
present OA.
13, Therefore, for these reasons, present OA is to be allowed with costs as sought by the Applicant Bank.
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 properties in accordance with law as sought by the Applicant Bank in the OA.
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OANo.942l2022
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 person and other properties of the Defendant in accordance with law.
Applicant Bank shall file latest Memo of Calculation of OA amount together with interest, costs etc., to be paid by Defendant duly taking into account the amount/s, lf any, paid by the Defendant 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 Defendant 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.
(Oictated to the Stenographer, after its transcription and necessary correctaons, signed and pronounced by me in the Open Court on this rte z* Oav oi r1O.u-a.v, zOZ+l
L Y (rMrrtrz ALr) PRESIDING OFFICER DRT_I, Bengaluru
OA No.94212022
ANNEXURES
Witness Examined for the Aoolicant Bank: AW-1 : Sri Poste Vishwabhushan
Branch Manager of 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-50 : 48 documents
Witness Examined for the Defendant:
Nit -
List of Documents Exhabited for the Defendant:
h,nn (IMTIAZ ALI) PRESIDING OFFICER DRT-I, Bengaluru
-aa-
2 issues framed by the court
Whether the Applicant Bank proved its case of default and outstanding dues?
What is the appropriate order to enforce recovery?
1 provisions across 1 enactments
Karnataka Gramin Bank Murki Branch
Imtiaz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
