The tribunal allowed an original application filed under Section 19 of the RDB Act for issuance of a Recovery Certificate. The defendant appeared ex parte. The court approved the principal amount and capped interest at 10% simple interest.
Issuance of Recovery Certificate for Rs.52,43,343/- with 10% simple interest from filing date.
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 November, 2025
Present: Sri. T. RAJESH Presiding Officer
OA. No.835/2023
BETWEEN:
Canara Bank Virajpet Branch, Shanbhag Centre, S S Ramamurthi Road, Virajpet – 571218 Rep. by its Chief Manager Sri. Mahanand Kumar V … APPLICANT
AND:
B M Haris Proprietor of BMH Traders S/o. Mammunhi R/at. No.249/3, Parane Co-Operative Bank, Konanjangeri Village, Parane Town, Kodagu District - 571212 ...DEFENDANT
Counsel on record/appeared for:
Applicant : Sri. C Vinayswamy Defendant : Exparte
:FINAL ORDER:
Three Hundred and Forty Three only) with further interest thereon
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from the date of filing the Application till realization from the Defendant.
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also produced Exhibits A1 to A8 and got the same marked in evidence.
claim as against the defendant?
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i) The applicant is allowed to recovery an aggregate sum of Rs.52,43,343/- (Rupees Fifty Two Lakh Forty Three Thousand Three Hundred and Forty Three only) with further interest of 10.00% p.a.(simple) from the date of filing OA till the realization from defendant, 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 defendant personally and also by proceeding against the schedule property. The schedule property to the OA be the schedule property 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
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personally and his other assets are liable for all such amounts due
under the loan account.
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.
v) Interim Application pending, if any, stands disposed of
with this Final Order.
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 November 2025].
Sd/-
ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK:
AW-1: Nibu G H, Chief Manager of the applicant bank.
Exhibits on the part of the Applicant:
| Annexure | Particulars |
|---|---|
| A1 | Application form dated 15.10.2022 |
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| A2 | Memorandum of deposit of title deeds dated 27.10.2022 |
|---|---|
| A3 | Sanction memorandum dated 29.10.2023 |
| A4 | Letter of understanding dated 29.10.2023 |
| A5 | Common hypothecation agreement dated 29.10.2023 |
| A6 | Pronote dated 29.10.2023 |
| A7 | Legal notice and postal receipts dated 30.03.2023 |
| A8 | Statement of accounts dated 29.10.2022 to 30.03.2023 |
Sd/- (T. RAJESH) PRESIDING OFFICER
2 issues framed by the court
Whether the applicant had succeeded in proving the OA claim as against the defendant?
What order are to be passed?
3 provisions across 2 enactments
Canara Bank Virajpet Branch
T. RAJESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
