Debts Recovery Tribunal allowed an Original Application filed by Canara Bank for issuance of a Recovery Certificate against a deceased borrower's legal heir, granting recovery with reduced interest at 6% p.a.
Recovery Certificate issued for Rs. 23,50,411.00 plus interest at 6% p.a. (simple), recoverable from respondent personally and via sale of scheduled property.
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 25th Day of November, 2025
Present: Sri. T. RAJESH
Presiding Officer
OA.No.740/2023
BETWEEN:
Canara Bank, Hassan Main Branch, at NR Pura Road, Hassan City, Hassan Taluk, Hassan District- 573 201, Represented by its Senior Manager, Sri. Hanumanthappa H.
…APPLICANT
AND:
...DEFENDANTS
Counsel on record/appeared for:
Applicant : V. Haridas Bhat Defendants : EXPARTE
FINAL ORDER
OA 740/2023
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(Rupees Twenty Three Lakh Fifty Thousand Four Hundred Eleven Only) with further interest thereon from the date of filing the Application till realization.
OA 740/2023
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Both these issues are gone into and decided together.
OA 740/2023
4
find both these issues in favour of applicant and hence, this Tribunal is of
the view that OA is to be allowed.
availed for Agricultural purpose and also that the 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 of 6.00% (simple).
23,50,411.00 (Rupees Twenty Three Lakh Fifty Thousand Four Hundred Eleven Only) with further interest @6.00 % p.a.(simple) from the date of filing OA till the realization, from the defendant No. 2 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 proceeding against schedule property. Properties schedule to the OA be the schedule to the recovery certificate.
ii) If the sale proceeds are not found sufficient to cover the
amount due and payable to the applicant bank, the defendant No. 2 personally and her assets are liable for respective amounts due under the respective loan accounts.
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
OA 740/2023
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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.
of Section 19(21)(i) of the RDB Act, read with Rule 16 of DRT (Procedure)
Rules, 1993.
[Dictated to the Stenographer (AJ), transcribed by her, corrected and signed and pronounced by me in the Open Court, this the 25th Day of November, 2025].
Sd/- (T. RAJESH)
PRESIDING OFFICER ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK:
AW-1: Hanumanthappa H, Senior Manager, of Applicant Bank.
Exhibits on the part of the Applicant:
| Exhibit Nos. |
Date | Particulars of Documents |
|---|---|---|
| I- KCC loan of Rs. 3,00,000/- |
||
| A3 | 25.09.2014 | Loan application for KCC loan of Rs. 3,00,000/- submitted by the 1stdefendant |
| A4 | 25.09.2014 | Loan sanction memorandum |
| A5 | 25.09.2014 | Agreement and deed of hypothecation for KCC loan, executed by the 1stdefendant |
| A6 | 23.09.2014 | Mortgage deed executed by defendants, registered in the office of the Sub-registrar, Hassan as Document No. HSN-1-4926-2014-15 and stored in CD No. HSND255 |
| A7 | 20.09.2017 | Letter of revival executed by 1stdefendant |
| A8 | 08.07.2019 | Letter of revival executed by 1stdefendant |
OA 740/2023
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| A9 | 12.10.2021 | Letter of revival executed by 1stdefendant |
|---|---|---|
| A10 | 26.11.2019 | Letter requesting to convert the crop loan to term loan |
| II- KOD loan of Rs. 7,00,000/- |
||
| A11 | 27.09.2014 | loan application for KOD loan of Rs. 7,00,000/- submitted by the 1stdefendant |
| A12 | 27.09.2014 | Loan sanction memorandum |
| A13 | 27.09.2014 | Agreement and deed for kisan OD loan executed by 1stdefendant |
| A14 | 23.09.2014 | Mortgage deed executed by defendants, registered in the office of the Sub-registrar, hassan as Document No. HSN-1-4928-2014-15 and stored in CD No. HSND255 |
| A15 | 12.01.2017 | Letter of revival executed by 1stdefendant |
| A16 | 10.01.2020 | Letter of revival executed by 1stdefendant |
| A17 | 12.10.2021 | Letter of revival executed by 1stdefendant |
| A18 | 08.10.2021 | Notice issued by the applicant bank to the 1st defendant |
| A19 | 17.10.2022 | Legal notice got issued by the applicant bank to the defendants |
| A20 | 17.10.2022 | Legal notice got issued by the applicant bank to the defendants |
| A21 | 03.05.2023 | Legal Notice got issued by the applicant bank to the defendants |
| A22 | -- | Statement of account in respect of term loan converted KCC loan account NO. 053184703416 |
| A23 | -- | Statement of account in respect of Kisan OD account NO. 0531897000140 |
Witness Examined for the Defendants: List of Documents Exhibited for the Defendants:
-Nil -
-Nil -
Sd/- (T. RAJESH)
PRESIDING OFFICER
2 issues framed by the court
Whether the applicant bank succeeded in proving its claim for recovery against the defendants given their ex-parte status?
What order ought to be passed to implement the recovery of the outstanding amount?
2 provisions across 1 enactments
Canara Bank, Hassan Main Branch
Smt. Rudramma (Legal Heir of Late B.S. Mallikarjuna)
T. Rajesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
