Allowed

Canara Bank v. Shankareppa Somalingappa Arer

DRT28 Oct 2025OA/510/2024

Case brief

AI extract

What is this about?

The DRT allowed an Application under Section 19 RDB Act for issuance of a Recovery Certificate for an agricultural loan default. Considering the case, the Tribunal awarded a reduced interest rate of 6% p.a. and directed recovery from personal and mortgaged assets.

What did the court decide?

Issued Recovery Certificate for Rs.29,40,912.22 plus 6% p.a. simple interest, recoverable against defendant personally and by mortgaged property.

Canara Bank versus Shankareppa Somalingappa Arer — Consumer Protection | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA AT BENGALURU

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Dated this 28^th Day of October, 2025

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Present: Sri. T. RAJESH Presiding Officer

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OA. No.510/2024

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BETWEEN:

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Canara Bank Bailhongal Branch Bailhongal, Dist. Belgavi Through its Division Manager Mr. Venkata Sreekanth Ryali … APPLICANT

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AND:

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Mr. Shankareppa Somalingapa Arer S/o. Somalingappa Arer Aged about 65 years Residing at: Balekundargi Street, Hosur Taluk Bailhongal, Dist. Belagavi-591102 ...DEFENDANT

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Counsel on record/appeared for:

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Applicant : Mr. Venu K V Defendant : Exparte

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:FINAL ORDER:

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

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under section 19 of Recovery of Debts and Bankruptcy Act 1993 for seeking issuance of Recovery Certificate against the defendant for

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Rs.29,40,912.22 (Rupees Twenty Nine Lakh Forty Thousand Nine

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OA. No.510/2024

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Hundred Twelve and Twenty Two Paise only) with further interest thereon from the date of filing the Application till realization from the Defendant.

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It is the case of the applicant that, the defendant availed the Kisan Credit Card Scheme of Rs.2,50,000/- and Term loan for a sum of Rs.7,50,000/- on 14.05.2014.

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It is also the case of the applicant that, in view of the above financed credit facilities, the defendant executed necessary loan documents apart from the creation of security interest by way of mortgage over the Schedule property.

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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 account 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 accounts.

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Despite, service of summons on the defendant, he failed to appear, resulting the defendant being set exparte on 17.10.2024.

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OA. No.510/2024

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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 A1 to A17 and got the same marked in evidence.

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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 security interest as claimed by the applicant bank and the defaults committed in the accounts. The liability of the defendant and the claim of the amount due are also

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OA. No.510/2024

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proved by the above documents. The claim of the applicant is well

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within the limitation.

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Hence in view of the above findings which cover both the issues raised in this manner, this Tribunal is of the view that OA is liable to be allowed.

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Taking into consideration the facts that the credit facilities

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were availed for agriculture purpose and also that OA claim is arrived at by calculating interest at the agreed rate, this Tribunal

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in view of the OA can be allowed with a reduced interest of 6.00% p.a.(simple).

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In the result, OA.No.510/2024 stands allowed,

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i) The applicant is allowed to recovery an aggregate sum

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of Rs.29,40,912.22 (Rupees Twenty Nine Lakh Forty Thousand

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Nine Hundred Twelve and Twenty Two Paise only) with further interest of 6.00% p.a.(simple) from the date of filing OA till the realization from the defendant, after giving credit to all the amounts recovered and received during the pendency of the OA and allowed the same to be recovered by proceeding against defendant personally and also by proceeding against the schedule property. The schedule to the OA be the schedule to the Recovery

OA. No.510/2024

Certificate.

ii) If the sale proceeds are not found sufficient to cover

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the amount due and payable to the applicant bank, the defendant personally and his other assets are liable for all such amounts due under the loan accounts.

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iii) The applicant bank is allowed cost of the proceeding

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

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iv) The Recovery Certificate to be drawn in terms of this

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order and transferred to Recovery for execution.

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v) Interim Application pending, if any, stands disposed of

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with this Final Order.

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Communicate a copy of the order to the parties concerned

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in terms of Section 19(21)(i) of the RDB Act, read with Rule 16 of

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DRT (Procedure) Rules, 1993.

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[Dictated to the Stenographer (PR), transcribed by her, corrected and signed and pronounced by me in the Open Court, this the 28^th Day of October 2025].

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(T. RAJESH) PRESIDING OFFICER

Sd/-

OA. No.510/2024

ANNEXURES

WITNESSES EXAMINED FOR THE APPLICANT BANK:

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AW-1: Mr. Anurag Mehra, Chief Manager of the applicant bank.

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Exhibits on the part of the Applicant:

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Annexure	Particulars
A1	Applicant evidence
A2	List of documents
A3	Sanction Letter Dated 14.05.2014
A4	Sanction letter dated 14.05.2014
A5	Agreement and Deed of hypothecation for KCC dated 14.05.2014
A6	Memorandum of Agreement for Agricultural loans dated 14.05.2014
A7	Simple mortgage deed dated 13.05.2014
A8	Simple mortgage deed dated 13.05.2014
A9	Letter dated 07.11.2015
A10	Letter dated 07.11.2016
A11	Letter dated 11.10.2019
A12	letter dated 11.11.2019
A13	Letter of Revival dated 06.11.2021
A14	Letter of Revival dated 16.06.2023
A15	Legal notice 16.06.2023
A16	True extract of statement of accounts
A17	True extract of statement of account
A18	Statement showingtotal outstandingliabilities.

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Sd/-

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(T. RAJESH) PRESIDING OFFICER

Canara Bank v. Shankareppa Somalingappa Arer

Case brief

What is this about?

What did the court decide?

Canara Bank v. Shankareppa Somalingappa Arer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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