Debts Recovery Tribunal allowed the bank's application for a recovery certificate against an agricultural loan defaulter who appeared ex parte. The court reduced the interest rate to 6% p.a. simple interest.
Allowed to recover Rs. 33,67,283/- with further interest @ 6.00% p.a. simple from defendant personally and against schedule property.
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 II, KARNATAKA AT BENGALURU
Dated this 22nd Day of August, 2025
Present: Sri. T. RAJESH Presiding Officer OA.No.1238/2022
BETWEEN:
M/s. Canara Bank, Bhoomreddy Complex, Ron Road, Gajendragad, Gadag- 582114, Represented by Senior Manager, Mr. Rahul Kapoor.
…APPLICANT
AND:
Mr. Duragappa R Agasar (Also Known as Durgappa Madivalar) S/o Ramappa Agasar @ Ramappa, Aged about 61 years, R/o Nagarashikoppa Village (Gogeri), Ron Taluk, Gadag District- 582114.
...DEFENDANT
Counsel on record/appeared for:
Applicant : Sri. Naveen Tao Defendant : Exparte
FINAL ORDER
under section 19 of Recovery of Debts and Bankruptcy Act 1993 seeking issuance of Recovery Certificate against the defendant for Rs. 33,67,283/- (Rupees Thirty Three lakh Sixty Seven Thousand Two Hundred Eighty Three Only) with further interest thereon from the date of filing the Application till realization.
OA 1238/2022
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OA 1238/2022
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contentions as taken in the OA in the light of documentary evidence and the proof affidavit.
claim as against the defendant?
Both these issues are gone into and decided together.
OA 1238/2022
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find both these issues in favour of applicant and hence, this Tribunal
is of the view that OA is to be allowed.
i) The applicant is allowed to recovery an aggregate sum of Rs. 33,67,283/- (Rupees Thirty Three lakh Sixty Seven Thousand Two Hundred Eighty Three Only) with further interest @ 6.00 % p.a.(simple), from the date of filing OA till the realization, from the defendant personally after giving credit to all the amounts recovered and received during the pendency of the OA and allowed to recover the same by proceeding against the schedule Property. Schedule to the OA be the schedule to the recovery certificate.
ii) If the sale proceeds are not found sufficient to cover the
amount due and payable to the applicant bank, the defendant personally and his other assets are liable for all such amounts due under the loan accounts.
iii) The applicant bank is allowed cost of the proceedings
OA 1238/2022
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which applicant to file cost memo within 7 days from the date of
receipt of the order.
iv) The Recovery Certificate to be drawn in terms of this order
and transferred to Recovery for execution.
v) Interim application pending, if any, are disposed of with this
Final Order.
14. Communicate a copy of the order to the parties concerned in
terms of Section 19(21)(i) of the RDB Act, read with Rule 16 of DRT
(Procedure) Rules, 1993.
[Dictated to the Stenographer (AJ), transcribed by her, corrected and signed and pronounced by me in the Open Court, this the 22nd Day of August, 2025].
Sd/-
(T. RAJESH)
PRESIDING OFFICER
ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK:
AW-1: Raheesa Khatib W/o Noor Mohammed, Senior Manager, of Applicant Bank.
Exhibits on the part of the Applicant:
| Exhibit | Date | Particulars of Documents |
|---|---|---|
| Nos. | ||
| A1 | -- | Applicant Evidence |
| A2 | -- | List of documents |
OA 1238/2022
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| A3 | 21.07.2009 | Application for agricultural credit A/c. 0512883004743 |
|---|---|---|
| A4 | 21.07.2009 | Memorandum of agreement for agricultural loans |
| A5 | 21.07.2009 | Sanction memorandum |
| A6 | 15.07.2009 | Simple mortgage deed, registered as No. 1030/2009-10, in the office of Sub- Registrar, Ron. |
| A7 | 17.02.2012 | Letter of revival |
| A8 | 02.02.2015 | Letter of Revival |
| A9 | 28.01.2018 | Letter of revival |
| A10 | 17.04.2020 | Letter of revival |
| A11 | 25.05.2022 | Legal Notice |
| A12 | -- | Postal department online delivery confirmation report |
| A13 | -- | Bank statement of A/c 0512883004743 |
Witness Examined for the Defendant: -Nil - List of Documents Exhibited for the Defendant: -Nil -
-Nil -
Sd/- (T. RAJESH) PRESIDING OFFICER
2 issues framed by the court
Whether the applicant had succeeded in proving the original application claim as against the defendant?
What order are to be passed in light of the unrebutted claim and defaulted loan?
3 provisions across 2 enactments
M/s. Canara Bank
T. RAJESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
