The Tribunal allowed an application for issuance of a Recovery Certificate under the RDB Act against a defendant who failed to appear. The Court reduced the interest rate to 8% p.a.
Recovery Certificate issued for Rs. 2,34,84,651/- with interest at 8% p.a. from filing date, recoverable from defendants and schedule property jointly and severally.
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 27th Day of August, 2026
Present: Sri. T. RAJESH
Presiding Officer
OA. No.1037/2025
BETWEEN:
STATE BANK OF INDIA No.11/90, 3rd Floor, Near Old Shivaji Theater J C Road, Bangalore-560002 SARC Branch, J C Road, Bangalore-560002 Rep. by Chief Manager
… APPLICANT
AND:
Counsel on record/appeared for:
Applicant : Smt. G.K. Bhavana Defendants : Exparte
OA. No.1037/2025
2
:FINAL ORDER:
OA. No.1037/2025
3
for the amount due in the account.
Both these issues are gone into and decided together.
remains unrebutted as defendants remained exparte. The evidence 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 facility
OA. No.1037/2025
4
as stated in the OA, creation of security interest as claimed by the
applicant bank and the defaults committed in the account. The liability of the defendants and the claim of the amount due are also
proved by the above documents. The claim of the applicant is well within the limitation.
was availed for housing purpose and also that 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%
p.a.(simple).
of Rs.2,34,84,651/- (Rupees Two Crore Thirty Four Lakh Eighty
Four Thousand Six Hundred and Fifty One only) with further interest of 8.00% p.a.(simple) from the date of filing OA till the
OA. No.1037/2025
5
realization from the defendants, after giving credit to all the amounts recovered and received during the pendency of the OA and allowed the same to be recovered by proceeding against defendants jointly, severally and 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 defendants jointly, severally and personally and their 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.
v) Interim Application pending, if any, stands disposed of with this Final Order.
OA. No.1037/2025
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14. 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 (PR), transcribed by her, corrected and signed and pronounced by me in the Open Court, this the 27th Day of August 2026].
Sd/(T. RAJESH) PRESIDING OFFICER
ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK:
AW-1: Sri. Ashish Jamtia, Deputy Manager of the applicant bank.
Exhibits on the part of the Applicant:
| Sl No. |
Title | Page No. |
|---|---|---|
| 1. | The copy of the Application dated 13.05.2022 Annexure No.1 |
35-46 |
| 2. | The copy of the Application dated 13.05.2022- Annexure No.2 |
47-58 |
| 3. | The copy of the Arrangement letter dated 31.05.2022 with respect to Home Loan of Rs. 1,15,12,000/- -Annexure No.3 |
59-62 |
| 4. | The copy of the Memorandum of Loan Agreement dated 31.05.2022 with respect to Home Loan of Rs. 1,15,12,000/- -Annexure No.4 |
63-68 |
| 5. | The copy of the Memorandum of Deposit of Title Deeds dated 03.11.2022 with respect of Home Loan of Rs. 1,15,12,000/- -Annexure No.5 |
69 |
OA. No.1037/2025
7
| 6. | The copy of the Arrangement letter dated 31.05.2022 with respect to Home Loan of Rs. 1,27,15,000/- -Annexure No.6 |
74 |
|---|---|---|
| 7. | The copy of the Memorandum of Loan Agreement dated 31.05.2022 with respect to Home Loan of Rs. 1,27,15,000/- -Annexure No.7 |
78 |
| 8. | The copy of the Memorandum of Deposit of Title Deeds dated 24.01.2023 with respect to Home Loan of Rs. 1,41,00,000/- -Annexure No.8 |
84 |
| 9. | The copy of the Legal Notice dated 12.11.2024- Annexure No.9 |
89-91 |
| 10. | The Copy of the Postal receipts - Annexure No.10 |
92 |
| 11. | The copy of the Return cover along with acknowledgement - Annexure No.11 |
93 |
| 12. | The copy of the statement of accounts - Annexure No.12 and 12 (a) |
94-103 |
| 13. | The copy of the closure statement - Annexure No.13 and 13 (a) |
104- 105 |
| 14. | Certificate under section 2A(B) AND 2A(C) of The Banker’s Bank Evidence Act, 1891- Annexure No.14 |
106- 109 |
Sd/-
(T. RAJESH) PRESIDING OFFICER
2 issues framed by the court
Whether the applicant succeeded in proving the OA claim against the defendants?
What order is to be passed in the matter of issuance of Recovery Certificate?
2 provisions across 1 enactments
STATE BANK OF INDIA
Sri. Ubaid Kunnayil
T. RAJESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
