Application for issuance of Recovery Certificate allowed. Tribunal found claim within limitation as defendants appeared ex-parte. Award reduced to 12% simple interest from date of filing.
Recovery Certificate for Rs. 1,03,93,340 plus 12% simple interest from filing date. Recovery against assets including hypothecated ones.
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 27th Day of November, 2025
Present: Sri. T. RAJESH Presiding Officer
OA.No.1409/2022
BETWEEN:
Bank of Baroda, Offices at Banashankari Branch, No. 6 & 7, 80 feet Road, Opp. Srinivasanagar Bus Stop, BSK I Stage, Bangalore- 560 050.
…APPLICANT
AND:
Counsel on record/appeared for:
Applicant : Raghavendra Rao Manvi Defendants : Exparte
FINAL ORDER
section 19 of Recovery of Debts and Bankruptcy Act 1993 seeking issuance
OA 1409/2022
2
of Recovery Certificate against the defendants for Rs. 1,03,93,340/(Rupees One Crore Three Lakh Ninety Three Thousand Three Hundred Forty Only) with further interest thereon from the date of filing the Application till realization. The 1st defendant is a proprietary concern represented by its proprietor the 2nd defendant.
OA 1409/2022
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ii) What order are to be passed?
Both these issues are gone into and decided together.
and the defaults committed in the accounts. The liability of the defendants and the claim of the amount due are also proved by the above documents. The claim of the applicant is well within the limitation.
find both these issues in favour of applicant and hence, this Tribunal is of
OA 1409/2022
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the view that OA is to be allowed.
availed for Business purpose and also that the OA claim is arrived at by calculating interest at the agreed rate, this Tribunal in view of the OA can be allowed with a reduced interest of 12.00% (simple).
i) The applicant is allowed to recovery an aggregate sum of Rs. 1,03,93,340/- (Rupees One Crore Three Lakh Ninety Three Thousand Three Hundred Forty Only) with further interest @12.00 % p.a.(simple) from the date of filing OA till the realization, from the defendants jointly, severally & personally, after giving credit to all the amount recovered and received during the pendency of the OA and allowed the same to be recovered by proceeding against the defendants jointly, severally & personally and also proceeding against their assets including the hypothecated assets. Schedule to the OA be the schedule to the recovery certificate.
ii) The applicant bank is allowed cost of the proceedings which
applicant to file cost memo within 7 days from the date of receipt of the order.
iii) The Recovery Certificate to be drawn in terms of this order and transferred to Recovery for execution.
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iv) Interim application pending, if any, stands disposed of in terms
of this final order.
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 27th Day of November, 2025].
Sd/- (T. RAJESH)
PRESIDING OFFICER
ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK:
AW-1: Tushar Sharma, Branch Manager, of Applicant Bank.
Exhibits on the part of the Applicant:
| Exhibit Nos. |
List of documents |
|---|---|
| A3 | In respect of term loan sanction letter dated 18.06.2018 |
| A4 | D.P Note dated 19.06.2018 |
| A5 | Letter of instalment with acceleration clause dated 19.06.2018 |
| A6 | In respect of cash credit loan D P Note dated 19.06.2018 |
| A7 | Letter of continuing security dated 19.06.2018 |
| A8 | Letter of undertaking dated 19.06.2018 |
| A9 | Composite hypothecation of agreement dated 19.06.2018 |
| A10 | Declaration cum undertaking cum authority dated 19.06.2018 |
| A11 | Letter of sole proprietorship dated 19.06.2018 |
| A12 | Letter of acknowledgment of debt dated 12.06.2021 (term loan) |
| A13 | Letter of acknowledgement of debt dated 12.06.2021 (Cash credit facility) |
| A14 | Legal notice dated 30.05.2022 |
| A15 | Postal receipts (2 Nos) |
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| A16 | Unserved RPAD Cover |
|---|---|
| A17 | Unserved RPAD cover |
| A18 | Statement of account term loan facility A/c No. 2771/06/1854 |
| A19 | Statement of account term loan facility A/c No. 2771/5/58 |
Witness Examined for the Defendants: -Nil - List of Documents Exhibited for the Defendants: -Nil -
Sd/- (T. RAJESH) PRESIDING OFFICER
2 issues framed by the court
Whether the applicant succeeded in proving the OA claim against the defendants?
What order is to be passed regarding the recovery of dues and interest?
2 provisions across 1 enactments
Bank of Baroda
M/s Winnforce Automobyl
Mrs. Kusuma R.
T. RAJESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
