In an Original Application filed under Section 19 of the RDB Act, the Debts Recovery Tribunal allowed the bank's claim for a recovery certificate against the Legal Representative of a deceased borrower who appeared ex parte.
Issuance of Recovery Certificate for Rs.27,12,704.97 plus 6% p.a. simple interest from date of filing against the defendant's inherited estate.
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 26th Day of September, 2025
Present: Sri. T. RAJESH Presiding Officer OA.No.1860/2023
BETWEEN:
Canara Bank Branch Office at: Chikkanayakanahalli Branch Chikkanayakanahalli Taluk, Tumakuru District
…APPLICANT
AND:
Sri. Udayakumar K. S/o Late C.Krishanaih R/at: Bhyralinganahally Village, Kandikere Hobli, Chikkanayakanahalli Taluk, Tumakuru District
...DEFENDANTS
Counsel on record/appeared for:
Applicant : Mohamed Afroze Ahamed Defendants : Exparte
FINAL ORDER
filed under section 19 of Recovery of Debts and Bankruptcy Act 1993 seeking issuance of Recovery Certificate for
Rs.27,12,704.97 (Rupees twenty seven lakh twelve thousand
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seven hundred four and paisa ninety seven only) with further interest thereon from the date of filing the Application till realization from the Defendant.
following credit facilities from the applicant bank:-
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Tribunal by filing this OA seeking issuance of Recovery Certificate for the amount due in the account.
the contentions as taken in the OA in the light of documentary evidence and the proof affidavit.
Both these issues are gone into and decided together.
OA 1860-2023
4
is also proved by the above documents. The claim of the applicant is well within the limitation.
this Tribunal is of the view that OA is to be allowed.
are availed by deceased borrower 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).
OA 1860-2023
5
sum of Rs.27,12,704.97 (Rupees Twenty seven lakh twelve thousand seven hundred four and paisa ninety seven only) with further interest @ 6% p.a. (Simple),
from the date of filing OA till the realization, 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.
(ii) The defendant being the LR of the deceased borrower
is liable to the extent of estate inherited by the defendant.
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.
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6
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 (JV), transcribed by him, corrected and signed and pronounced by me in the Open Court, this the 26th day of September, 2025].
Sd/ (T. RAJESH)
PRESIDING OFFICER
ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK:
AW-1: Srikant Kumar Sethy, 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
Whether the applicant had succeeded in proving the OA claim as against the defendant?
What order are to be passed in the matter?
1 provisions across 1 enactments
Canara Bank Branch Office at Chikkanayakanahalli
T. RAJESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
