Allowed

Canara Bank v. Basappa Irappa Jawoor

DRT19 Nov 2025OA/554/2024

Case brief

AI extract

What is this about?

The Tribunal allowed the Original Application for issuance of a Recovery Certificate against the defendant. The applicant proved availed credit facilities and defaults. The Tribunal permitted recovery of the dues plus interest reduced to 6% simple interest.

What did the court decide?

Issuance of Recovery Certificate for Rs. 87,59,943.65 with further interest at 6% p.a. (simple) from filing date till realization, executable against defendant's assets and schedule property.

Canara Bank versus Basappa Irappa Jawoor — Banking and Recovery | DRT (2025)

¶1

IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA AT BENGALURU

¶2

Dated this 19^th Day of November, 2025

¶3

Present: Sri. T. RAJESH Presiding Officer OA.No.554/2024

¶4

BETWEEN:

¶5

Canara Bank Bailhongal Branch, Bailhongal, Dist. Belgavi

¶6

Through its Division Manager Mr. venkata Sreekanth Ryali …APPLICANT

¶7

AND:

¶8

Mr. Basavaraj Irappa Jowoor S/o. Irappa Jawoor Aged about 70 years

¶9

Residing at: Karikatti, Taluk Saundatti, Dist. Belagavi – 591 126 ...DEFENDANT

¶10

Counsel on record/appeared for:

¶11

Applicant : Mr. Venu K V Defendant : Ex parte

¶12

FINAL ORDER

¶13

The present Original Application in short (OA) has been filed under section 19 of Recovery of Debts and Bankruptcy Act 1993 seeking for issuance of Recovery Certificate against the defendant for

¶14

OA-554/2024

¶15

¶16

Rs. 87,59,943.65/- (Rupees Eighty Seven Lakhs Fifty Nine Thousand Nine Hundred and Forty Three and Paisa Sixty Five Only) with further interest thereon from the date of filing the Application till realization.

¶17

It is the case of the applicant that, the defendant availed the following credit facilities:

¶18

Kissan Credit Card scheme of Rs. 5,00,000/(Rupees Five Lakhs Only) for cultivation of sugar cane on 22.05.2014.

¶19

Term Loan of Rs. 25,00,000/- (Rupees Twenty Five Lakhs Only) on 22.05.2014.

¶20

It is also the case of the applicant that, in view of the above availed loans, the defendant executed the necessary loan document along with simple mortgage deed.

¶21

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.

¶22

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.

¶23

Despite, service of summons on the defendant, he failed to appear, resulting the defendant being set ex parte on 27.09.2024.

¶24

The applicant had let in evidence through AW-1, who filed Proof Affidavit reiterating the contentions taken in the OA and also produced

¶25

OA-554/2024

¶26

¶27

Exhibits A-1 to A-18 and got the same marked in evidence.

¶28

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.

¶29

The following issues arise for consideration in this matter:

¶30

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

¶31

ii) What order are to be passed?

¶32

Both these issues are gone into and decided together.

¶33

The case put forth by the applicant in the Application remains unrebutted as defendant remained ex parte. The evidence tendered

¶34

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 the security interest and the defaults committed in the accounts. The liability of the defendant and the claim of the amount

¶35

due are also proved by the above document. The claim of the applicant is well within the limitation.

¶36

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

¶37

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

¶38

OA-554/2024

¶39

¶40

Taking into consideration the facts that the credit facilities are

¶41

availed for Agricultural 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 6.00% (simple).

¶42

In the result, OA.No.554/2024 stands allowed,

¶43

i) The applicant is allowed to recover an aggregate sum of

¶44

Rs. 87,59,943.65/- (Rupees Eighty Seven Lakhs Fifty Nine Thousand Nine Hundred and Forty Three and Paisa Sixty Five Only) with further

¶45

interest @6.00 % p.a.(simple) from the date of filing OA till the realization, from the defendant personally, 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 schedule property. Properties schedule to the OA be the schedule to the recovery certificate.

¶46

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

¶47

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

¶48

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.

¶49

OA-554/2024

¶50

¶51

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

¶52

and transferred to Recovery for execution.

¶53

v) Interim application pending, if any, stands disposed of in

¶54

terms of this final order.

¶55

Communicate a copy of the order to the parties concerned in

¶56

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

¶57

(Procedure) Rules, 1993.

¶58

[Dictated to the Stenographer (HS), transcribed by her, corrected and signed and pronounced by me in

¶59

the Open Court, this the 19^th Day of November, 2025].

Sd/-

(T. RAJESH)

ANNEXURES

WITNESSES EXAMINED FOR THE APPLICANT BANK:

¶64

AW-1: Anurag Mehra, S/o. P K Mehra, Chief Manager, of Applicant Bank.

¶65

Exhibits on the part of the Applicant:

¶66

Exhibit	Particulars of Documents
Nos.
A1	Affidavit of evidence
A2	List of documents
A3	Sanction letter dated 16.05.2014
A4	Agreement and deed of hypothecation for Kisan credit card dated 22.05.2014
A5	Simple mortgage dated 17.05.2014 which was registered on 19.05.2014 vide document no. BLGD-1-00477.2014-15 stored on BLGD108

¶67

OA-554/2024

¶68

¶69

A6	Simple mortgage dated 17.05.2014 was registered on 20.05.2014 vide document no. SDTD-1-00665.2014-15
A7	Proposal letter dated 10.10.2019
A8	Letter dated 07.11.2019 with regard to conversion of the crops loan into term loan
A9	Memorandum of agreement for agreement for agricultural loans dated 22.05.2014
A10	Simple mortgage dated 17.05.2014 which was registered on 19.05.2014 vide document no. BLGD-1-00476.2014-15 stored on BLGD108
A11	Simple mortgage dated 17.05.2014 which was registered on 21.05.2014 vide document no. SDTD-1-00686.2014-15 stored on SDTC 106
A12	Proposal letter dated 10.10.2019
A13	Letter dated 07.11.2016 with regard to conversion of the crops loan into term loan
A14	Letter of revival dated 23.07.2021
A15	Legal notice dated 16.06.2023
A16	True extract of statement of accounts pertaining to the defendant aforesaid loan accounts no. 4738895000020 (new no. 4738847000017)
A17	True extract of statement of accounts pertaining to the defendant aforesaid loan accounts no. 4738881000012
A18	Statement showing total outstanding liabilities

¶70

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

¶71

(T. RAJESH) PRESIDING OFFICER

¶72

Sd/-

Canara Bank v. Basappa Irappa Jawoor

Case brief

What is this about?

What did the court decide?

Canara Bank v. Basappa Irappa Jawoor

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

Coram

Case details

Similar cases

Union Bank of India (Andhra Bank) versus Sh. Jagar @Jaggar Singh @Ujjagar Singh

State Bank of India versus Manjit Kaur

Ms Supreme Briquettes versus Hdfc Bank Ltd.

State Bank of India versus Praveen

Idfc First Bank Ltd. versus Harjeet Singh

Icici Bank Limited versus Raja Ram Mishra