The tribunal allowed an original application filed under Section 19 of the RDB Act. Facing defaulters in absentia, the court decreed the bank's claim for agricultural loans and reduced the interest rate to 6% p.a. for execution against the mortgaged property.
Issuance of a Recovery Certificate for Rs. 61,17,177.28 with interest at 6% p.a. 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, BENGALURU
Dated this 31th Day of December, 2025
Present: Sri. T. RAJESH Presiding Officer OA.No.1747/2024
BETWEEN:
Canara Bank
Heragu Branch,
Heragu, District Hassan- 573118
…APPLICANT
AND:
...DEFENDANTS
2
OA 1747-2024
Counsel on record/appeared for:
Applicant : Mr. Venu K.V Defendants : Exparte
FINAL ORDER
3
OA 1747-2024
lakh only) and
OA 1747-2024
4
also produced Exhibits A-1 to A-49 and got the same marked in evidence.
OA claim as against the defendants?
Both these issues are gone into and decided together.
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
OA 1747-2024
5
applicant is well within the limitation.
Tribunal find both these issues in favour of applicant and hence
this Tribunal is of the view that OA is to be allowed.
are availed by defendants for agricultural purpose and also that 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 @6% p.a.(Simple).
sum of Rs.61,17,177.28 (Rupees sixty one lakh seventeen
thousand one hundred seventy seven and paisa twenty eight only) consisting of:-
OA 1747-2024
6
hundred and three Only) with further interest @6% p.a.
(Simple) for which all defendants are jointly severally liable,
four and paisa twenty eight Only) with further interest @6% p.a. (Simple) for which defendant NO.1 is personally liable,
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 the schedule property. Properties schedule to the OA be the schedule to the recovery certificate.
OA 1747-2024
7
are liable to be proceeded against for the balance amount.
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, 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 31th day of December, 2025].
Sd/ (T. RAJESH) PRESIDING OFFICER
8
OA 1747-2024
ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK:
AW-1: Jayalakshmi. M, Chief Manager, of Applicant Bank.
Exhibits on the part of the Applicant:
The documents are appended in this order.
Witness Examined for the Defendant: -Nil - List of Documents Exhibited for the Defendant: -Nil -
Sd/ (T. RAJESH) PRESIDING OFFICER
2 issues framed by the court
Did the applicant prove the claim as against the defendants?
What order is to be passed regarding the issuance of a recovery certificate?
3 provisions across 2 enactments
Canara Bank
B.R. Vasudeva
T. RAJESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
