In an ex parte application under the RDB Act for a Recovery Certificate, the Tribunal found for the bank based on uncontroverted documentary evidence of loan availment, default, and outstanding dues, allowing recovery with reduced interest.
Recovery Certificate issued for Rs. 68,15,770/- with 12% p.a. simple interest from filing date; costs awarded to applicant.
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, BENGALURU
Dated this 19th Day of September, 2025
Present: Sri. T. RAJESH
Presiding Officer OA.No.1520/2024
BETWEEN:
Canara Bank Bylkuppe Branch, B.M Road, Periyapatna Taluk, Mysore District- 571104 …APPLICANT
AND:
Sri. Devaraju H.B S/o Sri. Bommaiah R/at Hittanahalli Village, Periyapatna Taluk, Mysuru-571107
...DEFENDANT
Counsel on record/appeared for:
Applicant : Veeresh Kumar Javali M.C Defendants : Exparte
FINAL ORDER
hundred seventy only) with further interest thereon from the date
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OA 1520-2024
of filing the Application till realization from the Defendant.
Tribunal by filing this OA seeking issuance of Recovery Certificate for the amount due in the account.
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OA claim as against the defendant?
Both these issues are gone into and decided together.
undisputed. The evidences put forth by the applicant were found
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4
admissible and are sufficient to prove availment of credit facilities as stated in the OA, creation of hypothecation as claimed by the applicant bank and the defaults committed in the accounts. The liability of the defendants and the claim as the amount due is also proved by the above documents. The claim of the applicant is well within the limitation.
@12% p.a. (Simple).
sum of Rs.68,15,770/- (Rupees sixty eight lakh fifteen thousand
seven hundred seventy only) with further interest @12% p.a.
(Simple),
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5
from the date of filing OA till the realization, from the defendant
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 proceedings against his assets personally and the schedule property. Properties 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.
iv) Interim application pending, if any, stands disposed of
in terms of this final order.
in terms of Section 19(21)(i) of the RDB Act, read with Rule 16
of DRT (Procedure) Rules, 1993.
[Dictated to the Stenographer (JV), transcribed by him, corrected and signed and pronounced by me in the Open Court, this the 19th day of September, 2025].
Sd/ (T. RAJESH) PRESIDING OFFICER
OA 1520-2024
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ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK:
AW-1: Sunil.L, Chief Manager, of the Applicant Bank.
Exhibits on the part of the Applicant:
| Exhibit Nos. |
Date | Particulars of Documents |
|---|---|---|
| A1 | 17.03.2009 | Loan Application |
| A2 | 31.03.2009 | Letter of Sanction |
| A3 | 23.04.2009 | Composite Hypothecation agreement executed by the defendant |
| A4 | 25.05.2009 | Confirmation of delivery of machineries |
| A5 | 12.06.2009 | Consideration receipt for Rs.300000/- executed by the defendant |
| A6 | 23.04.2009 | Consideration receipt for Rs.171600/- executed by the defendant |
| A7 | 22.09.2009 | Consideration receipt for Rs.288400/- executed by the defendant |
| A8 | 20.01.2015 | Articles of agreement executed by the defendant |
| A9 | 20.01.2015 | Demand Promissory note along with letter for time bartred debts executed by the defendant |
| A10 | 25.01.2015 | Acknowledgement of debt executed by the defendant |
| A11 | 20.01.2015 | Acknowledgement of debt executed by the defendant |
| A12 | 16.01.2018 | Acknowledgement of debt executed by the defendant |
| A13 | 01.01.2021 | Letter of revival executed by the defendant |
| A14 | 13.12.2023 | Letter of revival executed by the defendant |
| A15 | 26.03.2024 | Notice issued by the application bank to the defendant |
| A16 | Postal Receipts | |
| A17 | Statement of accounts | |
| A18 | 16.06.2009 | Request letter to open od account |
| A19 | 16.06.2009 | Composite hypothecation agreement executed by the defendant |
| A20 | 25.01.2012 | Acknowledgement of debt executed by the defendant |
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| A21 | 13.12.2023 | Letter of Revival executed by the defendant |
|---|---|---|
| A22 | 26.03.2024 | Notice issued to the defendant by the applicant bank |
| A23 | Statement of Account | |
| Witnes | s Examined fo | r the Defendant: -Nil - |
| List of | Documents Ex | hibited for the Defendant: -Nil - |
Sd/ (T. RAJESH) PRESIDING OFFICER
2 issues framed by the court
Whether the applicant had succeeded in proving the claim as against the defendant?
What order are to be passed regarding the issuance of Recovery Certificate?
3 provisions across 2 enactments
Canara Bank Bylkuppe Branch, B.M Road, Periyapatna Taluk, Mysore District- 571104
T. RAJESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
