The Debts Recovery Tribunal allowed the applicant bank's original application for issuance of a recovery certificate against the defendant for a vehicle loan default.
Recovery certificate issued for Rs. 26,32,567/- with interest @10% p.a. (simple) to be recovered from defendant's personal assets and hypothecated vehicle.
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 23rd Day of SEPTEMBER, 2025
Present: Sri. T. RAJESH Presiding Officer OA.No.758/2024
BETWEEN:
Canara bank, Ron Branch, Dr. L R. Radder building, First floor, Old santhe bazar, Ron, Gadag Dist. Karnataka – 582 209
Represented by its: Sr. Manager and PA holder Sri. Shubhranshu Shukla …APPLICANT
AND:
Sr. Rudragowda B Giraddi S/o. Basangowda Aged about 73 years, Residing at: Near old post office Badami road Ron Taluk, Gadag District – 582 ...DEFENDANT
Counsel on record/appeared for:
Applicant : H S Rukkoji Rao Defendants : Exparte
OA-758/2024
2
FINAL ORDER
OA-758/2024
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appear, resulting the defendant being set exparte on 24.01.2025
claim as against the defendant?
Both these issues are gone into and decided together.
due are also proved by the above documents. The claim of the
OA-758/2024
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applicant is well within the limitation.
find both these issues in favour of applicant and hence, this Tribunal is of the view that OA is to be allowed.
availed for Vehicle purpose and also that the OA claim is arrived at by calculating interest at the agreed rate, this Tribunal of the view that OA can be allowed with a reduced interest of 10.00% (simple).
Rs. 26,32,567/-(Rupees Twenty Six Lakhs Thirty Two Thousand Five
Hundred and Sixty Seven Only) with further interest @10% p.a.(simple) from the date of filing OA till the realization, from the defendant 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 defendant personally and his assets including the hypothecated vehicle.
the loan accounts.
ii) The applicant bank is allowed cost of the proceedings
which applicant to file cost memo within 7 days from the date of
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receipt of the order.
iii) The Recovery Certificate to be drawn in terms of this order
and transferred to Recovery for execution.
iv) Interim application pending, if any, stands disposed of in
terms of this final order.
terms of Section 19(21)(i) of the RDB Act, read with Rule 16 of DRT
(Procedure) Rules, 1993.
[Dictated to the Stenographer (HS), transcribed by her, corrected and signed and pronounced by me in the Open Court, this the 23rd Day of September, 2025].
Sd/-
(T. RAJESH)
PRESIDING OFFICER
ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK:
AW-1: Gali Kiran Kumar, S/o. G Narayana working as Senior Manager,
of Applicant Bank.
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Exhibits on the part of the Applicant:
| Exhibit | Date | Particulars of Documents |
|---|---|---|
| Nos. | ||
| A1 | 13.07.2012 | Loan application submitted by the defendant to the applicant bank |
| A2 | 13.07.2012 | Sanction Memorandum |
| A3 | 13.07.2012 | Deed of hypothecation Re: Vehicles executed by Defendant in favour of the applicant bank |
| A4 | 13.07.2012 | Letter of undertakings Re: Loans/ Advances executed by defendant in favour of the applicant bank |
| A5 To A8 |
13.05.2015, 27.11.2017, 07.03.2020, and 04.03.2023 |
3 nos, letter of revival executed by the defendant in favour of the applicant bank |
| A9 | Certified account extract of the defendant maintained by the applicant bank in usual and ordinary course of business in respect of horticulture Loan and farm machinery loan (Vehicle loan A/c no. 0870768000020) |
Witness Examined for the Defendant:
-Nil -
List of Documents Exhibited for the Defendant: -Nil -
(T. RAJESH) PRESIDING OFFICER
Sd/-
2 issues framed by the court
Whether the applicant had succeeded in proving the original application claim as against the defendant?
Whether the original application sought for is to be allowed?
2 provisions across 1 enactments
Canara bank, Ron Branch
T. RAJESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
