Allowed

Bank of Baroda v. Mrs Dakshayini G B

DRT29 Aug 2025OA/1014/2023

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed the applicant bank's original application for a recovery certificate against defendants who failed to appear. The court reduced interest to 6% p.a. and directed recovery from schedule property and personal assets. Costs were awarded to the applicant.

What did the court decide?

Recovery certificate for Rs.39,87,744.36 with 6% p.a. simple interest from date of filing, enforceable against schedule property and personal assets.

Bank of Baroda versus Mrs Dakshayini G B — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL II, BENGALURU

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Dated this 29^th Day of August, 2025

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Present: Sri. T. RAJESH Presiding Officer OA.No.1014/2023

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BETWEEN:

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Bank of Baroda Hassan Branch NDRK Building, Beside Bhanu Theatre B.M Road, Hassan-573201

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…APPLICANT

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AND:

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Mrs. Dakshayini GB W/o Late Yogeeshaiah R/at Doddihalli Village, Paduvalali Village, Bikkodu Hobli, Belur Taluk Hassan- 573215

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Mr. Indukumar DY S/o. Late Yoheeshaiah R/at Doddihalli Village, Paduvalali Village, Bikkodu Hobli, Belur Taluk Hassan- 573215

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Also at: Bangalore Iyengar Bakery, Udayavara, Udupi- 574118

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Mrs. Vidyashree DY W/o Late Yogeeshaiah R/at Doddihalli Village,

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OA 1014-2023

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Paduvalali Village, Bikkodu Hobli, Belur Taluk Hassan- 573215

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Also at: No.89, Guttibasaveshwara Chikkabanavara, Chikkabanavara, Bangalore North

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Also at: Madihalli Village, Malligata Post, Kadur Taluk, Chikkamagaluru ...DEFENDANTS

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Counsel on record/appeared for:

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Applicant : VS Associates Defendants : Exparte

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FINAL ORDER

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The present Original Application in short (OA) has been filed under section 19 of Recovery of Debts and Bankruptcy Act 1993 seeking issuance of Recovery Certificate Rs.39,87,744.36 (Rupees thirty nine lakh eighty seven thousand seven hundred forty four and paisa thirty six only) with further interest thereon from the date of filing the Application till realization from the Defendants.

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It is the case of the applicant that the defendants No.1 & 2

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are the borrowers and defendant No.3 is the guarantor availed

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OA 1014-2023

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the following credit facilities from the applicant bank:-

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I. Crop Loan of a sum of Rs.10,00,000/- (Rupees Ten Lakh Only) and

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II. Term loan limit of Rs.15,00,000/- (Rupees Fifteen Lakh Only).

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It is also the case of the applicant that, in view of the above amount financed, the defendant executed necessary loan documents along with simple mortgage deed, demand promissory note and general form of guarantee in favor of the applicant bank.

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It is further contended that, the defendants despite availing the credit facility, agreeing to service the loan account promptly and regularly, failed in complying the same, resulting in defaults in repayment and consequentially turning the loan accounts as NPA.

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In the above circumstances, the applicant approached this Tribunal by filing this OA seeking issuance of Recovery Certificate for the amount due in the account.

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Despite, service of summons on the defendants, they failed to appear, resulting the defendants being set exparte on 13.06.2024.

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OA 1014-2023

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The applicant had let in evidence through AW-1, who filed Proof Affidavit reiterating the contentions taken in the OA and also produced Exhibits A-1 to A-20 and got the same marked in evidence.

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Heard the Ld. Counsel for the Applicant and considered the contentions as taken in the OA in the light of documentary evidence and the proof affidavit.

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The following issues arise for consideration in this matter: i) Whether the applicant had succeeded in proving the OA claim as against the defendant?

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ii) What order are to be passed?

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Both these issues are gone into and decided together.

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The case put forth by the applicant in the Application

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remains unrebutted as defendant remained exparte. The evidence tendered by the applicant remains uncontroverted and undisputed. The evidences put forth by the applicant were found admissible and are sufficient to prove availment of credit facilities as stated in the OA, creation of mortgage as claimed by

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the applicant bank and the defaults committed in the accounts.

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The liability of the defendants and the claim as the amount due

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OA 1014-2023

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is also proved by the above documents. The claim of the applicant is well within the limitation.

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11. Hence in view of the finding arrived herein above, this

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Tribunal find both these issues in favor of applicant and hence

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this Tribunal is of the view that OA is to be allowed.

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Taking into consideration the facts that the credit facilities

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are availed by defendants for agricultural purpose and also that OA claim is arrived at by calculating interest at the agreed rate,

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this Tribunal, in view of the OA can be allowed with a reduced interest @6% p.a.(Simple).

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In the result, OA.No.1014/2023, stands allowed,

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i) The applicant is allowed to recovery an aggregate

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sum of Rs.39,87,744.36 (Rupees thirty nine lakh eighty seven

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thousand seven hundred forty four and paisa thirty six only) with

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further interest @6% p.a. (Simple),

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from the date of filing OA till the realization, from the defendants

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personally after giving credit to all the amount recovered and

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received during the pendency of the OA and allowed the same

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OA 1014-2023

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to be recovered by proceedings against the schedule property.

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Properties schedule to the OA be the schedule to the recovery certificate.

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(ii) If the sale proceeds are not sufficient, the defendants personally and their other assets are liable to be proceeded against for the balance amount.

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iii) The applicant bank is allowed cost of the proceedings

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which applicant to file cost memo within 7 days from the date of

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receipt of the order.

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iv) The Recovery Certificate to be drawn in terms of this

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order and transferred to Recovery for execution.

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v) Interim application pending, if any, stands disposed of

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in terms of this final order.

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Communicate a copy of the order to the parties concerned

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in terms of Section 19(21)(i) of the RDB Act, read with Rule 16

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of DRT (Procedure) Rules, 1993.

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[Dictated to the Stenographer (JV), transcribed by him, corrected and signed and pronounced by me in the Open Court, this the 29^th day of August, 2025].

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PRESIDING OFFICER

Sd/- (T. RAJESH)

OA 1014-2023

ANNEXURES

WITNESSES EXAMINED FOR THE APPLICANT BANK:

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AW-1: N Mouli Raj, Manager, of Applicant Bank.

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Exhibits on the part of the Applicant:

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Exhibit	Date	Particulars of Documents
Nos.
A1		Applicant evidence by way of Affidavit
A2		List of Documents.
A3	23.10.2017	Copy of loan application
A4	26.10.2017	Copy of sanction letter
A5	26.10.2017	Copy of Agreement of Hypothecation
A6	26.10.2017	Copy of simple mortgage deed
A7	26.10.2017	Copy of Demand promissory note
A8	26.10.2017	Copy of General undertaking
A9	26.10.2017	Copy of letter of Continuing Security
A10	10.06.2014	Copy of letter of confirmation of creation/extension of mortgage
A11	26.10.2017	Copy of General form of guarantee
A12	08.06.2020	Copy of letter of acknowledgement of debt
A13	26.10.2017	Copy of sanction letter
A14	26.10.2017	Copy of demand promissory note
A15	26.10.2017	Copy of letter of continuing security
A16	26.10.2017	Copy of general undertaking
A17	26.10.2017	Copy of agreement of hypothecation
A18	08.06.2020	Copy of letter of acknowledgement of debt
A19	08.09.2022	Copy of legal notice with acknowledgement

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OA 1014-2023

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A20 True extract of statement of Accounts pertaining to the defendants loan account

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Witness Examined for the Defendant: -Nil - List of Documents Exhibited for the Defendant: -Nil -

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Sd/- (T. RAJESH) PRESIDING OFFICER

Bank of Baroda v. Mrs Dakshayini G B

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. Mrs Dakshayini G B

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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