Bank of Baroda versus Ravi S

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IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA AT BENGALURU

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Dated this 29^th Day of September, 2025

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Present: Sri. T. RAJESH Presiding Officer

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OA.No.1869/2023

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BETWEEN:

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Bank of Baroda, Branch Office amongst others At J C Road, Bangalore Represented by its Chief Manager and Principal Officer, Ramakrishna Kalluri, Of the applicant bank.

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…APPLICANT

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AND:

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Sri Ravi S, S/o Srinivas, Aged about 42 years, #129, 9^th Cross, Ideal Homes, Near Nimishamba Temple, Rajarajeshwari Nagar, Bangalore- 560098.

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...DEFENDANT

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Counsel on record/appeared for:

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Applicant : M & R consult Defendant : Exparte

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FINAL ORDER

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The present Original Application in short (OA) has been filed under

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section 19 of Recovery of Debts and Bankruptcy Act 1993 seeking issuance of Recovery Certificate against the defendant for Rs. 35,99,188.66 (Rupees Thirty Five lakh Ninety Nine Thousand One Hundred Eighty Eight

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OA 1869/2023

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and Paise Sixty Six Only) with further interest thereon from the date of filing the Application till realization. The defendant is a proprietorship concern.

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It is the case of the applicant that, the defendant availed MSME Dena Vehicle loan scheme of Rs. 33,00,000/- (Rupees Thirty Three lakh Only) for the purpose of commercial bus.

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It is also the case of the applicant that, in view of the above availed loans, the defendant executed the necessary loan documents along with demand promissory note and hypothecation letter.

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It is further contended that, despite availing the credit facilities, agreeing to service the loan amount promptly and regularly, the defendant failed in complying the same, resulting in default in repayment and consequentially turning the loan accounts as NPA.

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In the above circumstances, the applicant approached this Tribunal by filing this OA seeking issuance of Recovery Certificate for the amount due in the account.

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Despite, service of summons on the defendant, he failed to appear, resulting the defendant being set exparte on 03.02.2025.

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The applicant had let in evidence through AW-1, who filed Proof Affidavit reiterating the contentions taken in the OA and also produced Exhibits A-1 to A-11 and got the same marked in evidence.

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OA 1869/2023

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Heard the Ld. Counsel for the Applicant and considered the contentions as taken in the OA in the light of documentary evidence and proof affidavit.

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The following issues arise for consideration in this matter:

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i) Whether the applicant had succeeded in proving the OA claim as against the defendant?

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ii) What order are to be passed?

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Both these issues are gone into and decided together.

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The case put forth by the applicant in the Application remains unrebutted as defendant remained exparte. The evidence tendered by the applicant remains uncontroverted and undisputed. The evidences put forth by the applicant were found admissible and are sufficient to prove availment of credit facilities as stated in the OA, creation of hypothecation and the defaults committed in the accounts. The liability of the defendant and the claim of the amount due are also proved by the above documents. The claim of the applicant is well within the limitation.

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Hence in view of the findings arrived herein above, the Tribunal

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find both these issues in favour of applicant and hence, this Tribunal is of the view that OA is to be allowed.

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Taking into consideration the facts that the credit facilities are

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OA 1869/2023

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availed for Vehicle purchase purpose and also that the OA claim is arrived

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at by calculating interest at the agreed rate, this Tribunal in view of the OA can be allowed with a reduced interest of 10.00% (simple).

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In the result, OA.No.1869/2023, stands allowed,

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i) The applicant is allowed to recovery an aggregate sum of Rs.

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35,99,188.66 (Rupees Thirty Five lakh Ninety Nine Thousand One Hundred Eighty Eight and Paise Sixty Six Only) with further interest @10.00 % p.a.(simple) from the date of filing OA till the realization, from

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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 the defendant personally and also proceeding against his assets including hypothecated movables. Schedule to the OA be the schedule to the recovery certificate.

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ii) The applicant bank is allowed cost of the proceedings which

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applicant to file cost memo within 7 days from the date of receipt of the order.

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iii) The Recovery Certificate to be drawn in terms of this order and

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transferred to Recovery for execution.

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iv) Interim application pending, if any, are disposed of with this Final Order.

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OA 1869/2023

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Communicate a copy of the order to the parties concerned in terms

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of Section 19(21)(i) of the RDB Act, read with Rule 16 of DRT (Procedure) Rules, 1993.

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[Dictated to the Stenographer (AJ), transcribed by her, corrected and signed and pronounced by me in the Open Court, this the 29^th Day of September, 2025].

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Sd/- (T. RAJESH) PRESIDING OFFICER

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ANNEXURES

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WITNESSES EXAMINED FOR THE APPLICANT BANK:

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AW-1: Shisir Kumar Das, Chief Manager, of Applicant Bank.

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Exhibits on the part of the Applicant:

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Exhibit Nos.	Particulars of Documents
A1	Copy of the application dated 16.08.2017
A2	Copy of the letter of sanction dated 16.08.2017
A3	Copy of the demand promissory note dated 17.08.2017
A4	Copy of letter of hypothecation to secure motar trucks and other transport vehicles with spares, accessories, tooks Etc dated 17.08.2017
A5	Copy of general undertaking dated 17.08.2017
A6	Copy of letter of general lien ad SE off for borrowing arrangements from the borrowers dated 17.08.2017
A7	Copy of registration certificate dated 13.10.2017
A8	Copy of the letter of revival by borrower and guarantor dated 06.03.2019
A9	Copy of the letter of acknowledgement of debt dated 30.11.2020
A10	Copy of the recall notice dated 07.11.2023
A11	Copy of the statement of account certified under bankers’s book of evidence act showing the outstanding liability in respect of loan account No. 73830600001104

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OA 1869/2023

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Witness Examined for the Defendant: List of Documents Exhibited for the Defendant:

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-Nil -

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-Nil -

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Sd/- (T. RAJESH) PRESIDING OFFICER

Bank of Baroda v. Ravi S

Case brief

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Bank of Baroda v. Ravi S

Case brief

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