The Tribunal allowed an Original Application under the RDB Act for a recovery certificate against a defendant who appeared ex parte. Having found the bank's evidence uncontroverted, it granted the claim with reduced interest at 8% p.a. and cost of proceedings.
Recovery certificate for Rs. 67,28,256/- with 8% simple interest from filing date; cost 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, KARNATAKA AT BENGALURU
Dated this 29th Day of September, 2025
Present: Sri. T. RAJESH Presiding Officer OA.No.1642/2024
BETWEEN:
State Bank of India
Represented by its Chief Manager, Mr. Naaraja V Stressed Asset Recovery Branch (SARB) JC Road, Bangalore – 560 002 …APPLICANT
AND:
Mr. Alfred Newton G S/o. late Newton, Aged about 54 years,
Residing at: no. 770, 7th main 1st block, HRBR layout, Bangalore, Karnataka – 560 043 ...DEFENDANT
Counsel on record/appeared for:
Applicant : Rajitha T O Defendants : Ex parte
OA-1642/2024
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FINAL ORDER
OA-1642/2024
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appear, resulting the defendant being set ex parte on 18.02.2025.
Both these issues are gone into and decided together.
and are sufficient to prove availment of credit facilities as stated in the OA, creation of the security interest and the defaults committed
in the accounts. The liability of the defendant and the claim of the
OA-1642/2024
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amount due is 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 the view that OA is to be allowed.
availed for Housing purpose and also that the OA claim is arrived at by calculating interest at the agreed rate, this Tribunal is the view that the OA can be allowed with a reduced interest of 8.00% (simple).
i) The applicant is allowed to recovery an aggregate sum of Rs. 67,28,256/- (Rupees Sixty Seven Lakhs Twenty Eight Thousand Two Hundred And Fifty Six Only) with further interest @8.00 % p.a.(simple) 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 proceeding against the schedule properties.
Properties schedule to the OA be the schedule to the recovery certificate.
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amount due and payable to the applicant bank, the defendant
personally and his assets are liable for all such amounts due under the loan accounts.
iii) 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.
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.
15. 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 (HS), transcribed by her, corrected and signed and pronounced by me in the Open Court, this the 29th Day of September, 2025].
Sd/- (T. RAJESH)
PRESIDING OFFICER
OA-1642/2024
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ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK:
AW-1:Mr. Nagaraj V, S/o late Nagappa, Worked as Chief Branch
Manager, of Applicant Bank.
Exhibits on the part of the Applicant:
| Exhibit Nos. |
Date | Particulars of Documents |
|---|---|---|
| A1 | 28.07.2023 | Application form |
| A2 | 11.08.2023 | Arrangement letter |
| A3 | 11.08.2023 | Final sanction letter |
| A4 | 14.08.2023 | Affidavit to declaration and indemnity |
| A5 | 14.08.2023 | Agreement to mortgage |
| A6 | 14.08.2023 | Deed of undertaking |
| A7 | 14.08.2023 | Memorandum of loan agreement for home loan granted to public |
| A8 | 22.08.2023 | Memorandum relating to deposit of title deeds |
| A9 | 12.04.2024 | Demand notice |
| A10 | 26.06.2024 | Possession notice |
| A11 | ------ | Statement of Acc.no.42181751661 |
| A12 | ------ | Banker’s certificate |
Witness Examined for the Defendant: List of Documents Exhibited for the Defendant:
-Nil -
-Nil -
Sd/-
(T. RAJESH) PRESIDING OFFICER
2 issues framed by the court
Whether the applicant succeeded in proving the OA claim as against the defendant in the absence of the defendant?
What order is to be passed regarding the recovery certificate and interest?
2 provisions across 1 enactments
State Bank of India
T. RAJESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
