Debts Recovery Tribunal allowed an original application for recovery certificate against a farmer who defaulted on an agricultural loan, awarding recovery with reduced interest and charge against scheduled property.
Recovery certificate issued for Rs.27,83,641 with 8% simple interest; allowed recovery from scheduled agricultural property and defendant's other assets.
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, KARNATAKA AT BENGALURU
Dated this 28th Day of February, 2025
Present: Sri. T. RAJESH Presiding Officer
OA.No.574/2023
BETWEEN:
Canara Bank, Head office at No.112, J.C. Road, Bangalore-560002 Channarayapatna Branch Mysuru Road, Chanarayapatna Dist. Hassan – 573116 Through its Chief Manager Mr. Chandrashekhara Patil … APPLICANT
AND:
Mr. Yogarajegowda S/o. Shivegowda Aged about 35 years Having address at: At & Post M.K. Hosur Village, M. Shivara Post, Begur Hobli, Channarayapatna Taluk, Dist. Hassan Karnataka – 573116 ...DEFENDANT
Counsel on record/appeared for:
Applicant : Sri. Girish S Poojary Defendant : Exparte
FINAL ORDER
seeking issuance of Recovery Certificate against the defendant for
2 OA/574/2023
Rs.27,83,641/- (Rupees Twenty Seven Lakh Eighty Three Thousand Six Hundred and Forty One Only) with further interest thereon from the date of filing the Application till realization from the Defendant.
3 OA/574/2023
appear, resulting the defendant being set exparte on 21.08.2024.
Both these issues are gone into and decided together.
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 default committed in the account. The
4 OA/574/2023
liability of the defendant and the claim of the amount due is also proved by the above documents. The claim of the applicant is well within the limitation.
rate, this Tribunal in view of the OA can be allowed with a reduced interest of 8.00% (simple).
12. Hence in view of the above finding which cover both the
issues raised in this manner, this Tribunal is of the view that OA is liable to be allowed.
13. In the result, OA.No.574/2023 stands allowed,
of Rs.27,83,641/- (Rupees Twenty Seven Lakh Eighty Three Thousand Six Hundred and Forty One only) with further interest of 8% 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 proceeding against schedule property.
5 OA/574/2023
ii) If the sale proceeds are not found sufficient to cover
the amount due and payable to the applicant bank, the defendant
personally and other assets are liable for all such amounts due under the loan accounts.
iii) The applicant bank is allowed cost of the proceeding
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.
in terms of Section 19(21)(i) of the RDB Act, read with Rule 16 of
DRT (Procedure) Rules, 1993.
[Dictated to the Stenographer (PR), transcribed by her, corrected and signed and pronounced by me in the Open Court, this the 28th Day of February 2025].
Sd/-
(T. RAJESH) PRESIDING OFFICER
SCHEDULE PROPERTY:
All that piece and parcel of the following agricultural lands belonging to Defendant situated at M.K. Hosur Village, Bagur Hobli, Channarayapatna Taluk, Dist. Hassan:
6 OA/574/2023
| Sr.No. | Sy.No. | Meas | urement | boundary |
|---|---|---|---|---|
| Acre | Gunta | |||
| 1 | 66 | 4 | 00 | East: Lakkaiah’s property West: Property of Dyavaiah North: Property of Siddaiah South: Property of Huchaiah |
Sd/-
(T. RAJESH) PRESIDING OFFICER
2 issues framed by the court
Whether the applicant succeeded in proving the OA claim as against the defendant?
What order are to be passed?
3 provisions across 2 enactments
Canara Bank
T. RAJESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
