Debts Recovery Tribunal allowed the Bank of Baroda's application for recovery of dues. Due to the respondents' absence, the court accepted undisputed evidence of loan defaults but reduced simple interest to 8%.
Recovery certificate issued for aggregate sum of Rs. 40,81,977/- plus 8% p.a. simple interest until realization; costs awarded to applicant.
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 29th Day of August, 2025
Present: Sri. T. RAJESH Presiding Officer OA.No.745/2022
BETWEEN:
Bank of Baroda, No. 31, 3rd Main Road, Hanumanthnagar, Bengaluru- 560019.
…APPLICANT
AND:
...DEFENDANTS
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Counsel on record/appeared for:
Applicant : V. Annaiahppa Defendants : Exparte
FINAL ORDER
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of financial assets and enforcement of security interest (Enforcement) Rules, 2002; in pursuance sold the schedule property and received Rs. 43,60,158/- (Rupees Forty Three lakh Sixty Thousand One Hundred and Fifty Eight Only) which is credit to the loan account of the defendant No.1. Hence the present OA is filed for the remaining outstanding due in the loan account of the defendants.
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claim as against the defendants?
ii) What order are to be passed?
Both these issues are gone into and decided together.
and the defaults committed in the accounts. The liability of the defendants and the claim as the amount due are also proved by the above documents. The claim of the applicant is well within the limitation.
availed for Housing 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 8.00% (simple).
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i) The applicant is allowed to recovery an aggregate sum of
Rs. 40,81,977/- (Rupees Forty Lakh Eighty One Thousand Nine Hundred and Seventy Seven Only) with further interest @8.00 % p.a.(simple) from the date of filing OA till the realization, from the defendants jointly, severally & 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 the defendants jointly, severally & personally and also their other assets.
ii) If the sale proceeds are not found sufficient to cover the
amount due and payable to the applicant bank, the defendants jointly, severally & personally and their 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 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.
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15. Communicate a copy of the order to the parties concerned in
terms 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 29th Day of August, 2025].
Sd/-
(T. RAJESH)
PRESIDING OFFICER
ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK:
AW-1: Alvina P D’Souza W/o Clevin Carvalho, Chief Manager, of Applicant Bank.
Exhibits on the part of the Applicant:
| Exhibit Nos. |
Date | Particulars of Documents |
|---|---|---|
| A1 | 08.04.2019 | Loan application filed by the defendants and additional particulars furnished by 1) Defendant No.1 2) Defendant No.2 3) Defendant No.3 |
| A2 | 24.04.2019 | Letter of sanction to the borrower |
| A3 | 24.04.2019 | Loan agreement for individuals/s (Housing loans) |
| A4 | 10.05.2019 | Regd. Memorandum of deposit of title deeds |
| A5 | 24.04.2019 | Declaration filed by defendants No.1 & 2 |
| A6 | 24.04.2019 | Letter of confirmation of mortgage |
| A7 | 24.04.2019 | Letter of guarantee duly signed by defendant No.3 |
| A8 | 04.04.2022 | Statement of loan a/c. |
| A9 | 07.10.2021 | Sale notice for sale of immovable properties published in India express dt. 08.10.2021 |
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Witness Examined for the Defendants: -Nil - List of Documents Exhibited for the Defendants: -Nil -
Sd/- (T. RAJESH)
PRESIDING OFFICER
2 issues framed by the court
Whether the applicant succeeded in proving their claim against the defendants?
What order should be passed regarding the recovery certificate?
1 provisions across 1 enactments
Bank of Baroda
Mr. Baddity Pradeep
Mrs. Kondepogu Pravalika
Mr. G. Ramakrishna
T. RAJESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
