Allowed

Canara Bank v. Harish Prasad

DRT27 Mar 2026OA/1138/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the Original Application filed by Canara Bank for issuance of a Recovery Certificate against the defendants who failed to appear. The court accepted the uncontroverted documentary evidence regarding loan defaults and mortgaged properties, granting recovery of the principal, interest, and costs.

What did the court decide?

Issuance of Recovery Certificate for Rs. 1,07,85,885/- with 8% p.a. interest and authority to sell schedule property; costs awarded.

Canara Bank versus Harish Prasad — Specific Performance | DRT (2026)

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IN THE DEBTS RECOVERY TRIBUNAL II, BENGALURU

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Dated this 27^th Day of March, 2026

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Present: Sri. T. RAJESH Presiding Officer

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OA.No.1138/2023

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BETWEEN:

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Canara Bank Retail Asset Hub No.26/A, 1^st Floor, Regional Office, Nazarbad Guest House Road, Mysore- 570010

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…APPLICANT

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AND:

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Sri. Harish Prasad S/o. Sri. Ramnayak

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Smt. Prathibha W/o. Harish Prasad

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Both are R/at: No.138, 2^nd Stage, BEML Layout, Rajarajeshwari Nagar, Mysore- 570022

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...DEFENDANTS

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Counsel on record/appeared for:

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Applicant : C Vinay Swamy Defendants : Exparte

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FINAL ORDER

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The present Original Application in short (OA) has been

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filed under section 19 of Recovery of Debts and Bankruptcy Act

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1993 seeking issuance of Recovery Certificate for

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OA 1138/2023

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Rs.1,07,85,885/- (Rupees one crore seven lakh eighty five thousand eight hundred eighty five only) with further interest thereon from the date of filing the Application till realization from the Defendants.

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It is the case of the applicant that the defendants availed the Housing loan credit facilities of Rs.88,00,000/- (Rupees eighty eight lakh only) from the applicant bank.

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It is also the case of the applicant that, in view of the above amount financed, the defendants executed necessary loan documents along with Sanction memorandum, Housing loan agreement and loan agreement in favor of the applicant bank. 4. It is further contended that, the defendants despite availing the credit facility, agreeing to service the loan account promptly and regularly, failed in complying the same, resulting in defaults in repayment and consequentially turning the loan accounts as NPA.

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In the above circumstances, the applicant approached this Tribunal by filing this OA seeking issuance of Recovery Certificate for the amount due in the account.

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Despite, service of summons on the defendants, they failed to appear, resulting the defendants being set exparte on

OA 1138/2023

04.02.2025.

The applicant had let in evidence through AW-1, who filed Proof Affidavit reiterating the contentions taken in the OA and also produced Exhibits A-1 to A-7 and got the same marked in evidence.

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Heard the Ld. Counsel for the Applicant and considered the contentions as taken in the OA in the light of documentary evidence and the proof affidavit.

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The following issues arise for consideration in this matter:

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i) Whether the applicant had succeeded in proving the

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OA claim as against the defendants?

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ii) What order are to be passed?

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Both these issues are gone into and decided together.

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The case put forth by the applicant in the Application

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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 facilities as stated in the OA, creation of mortgage as claimed by

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the applicant bank and the defaults committed in the accounts.

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OA 1138/2023

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The liability of the defendants and the claim as the amount due

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is also proved by the above documents. The claim of the applicant is well within the limitation.

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Hence in view of the finding arrived herein above, this Tribunal find both these issues in favour of applicant and hence

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this Tribunal is of the view that OA is to be allowed.

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Taking into consideration the facts that the credit facilities

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are availed by defendant for Housing loan purpose, this Tribunal in view of the rate of interest as claimed need not be reduced.

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However, as the OA Claim is arrived at by calculating interest at

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the agreed rate and also by applying default interest, the prayer

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for monthly rest and future penal interest are declined.

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In the result, OA.No.1138/2023, stands allowed,

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i) The applicant is allowed to recovery an aggregate

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sum of Rs.1,07,85,885/- (Rupees one crore seven lakh eighty

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five eight hundred eighty five only) with further interest

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@8% p.a. (Simple),

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from the date of filing OA till the realization, from the defendants

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jointly severally and personally after giving credit to all the

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OA 1138/2023

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amount recovered and received during the pendency of the OA

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and allowed the same to be recovered by proceedings against the schedule property. Properties schedule to the OA be the schedule to the recovery certificate.

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(ii) If the sale proceeds are not sufficient, the defendants

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jointly severally and personally and their other assets are liable

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to be proceeded against for the balance amount.

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iii) The applicant bank is allowed cost of the proceedings

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which applicant to file cost memo within 7 days from the date of receipt of the order.

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iv) The Recovery Certificate to be drawn in terms of this

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order and transferred to Recovery for execution.

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v) Interim application pending, if any, stands disposed of

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in terms of this final order.

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Communicate a copy of the order to the parties concerned

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in terms of Section 19(21)(i) of the RDB Act, read with Rule 16

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of DRT (Procedure) Rules, 1993.

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[Dictated to the Stenographer (JV), transcribed by him, corrected and signed and pronounced by

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me in the Open Court, this the 27^th day of March, 2026].

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Sd/ (T. RAJESH)

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PRESIDING OFFICER

OA 1138/2023

ANNEXURES

WITNESSES EXAMINED FOR THE APPLICANT BANK:

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AW-1: Abhijeet, Manager, of the Applicant Bank.

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Exhibits on the part of the Applicant:

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Exhibit Nos.	Date	Particulars of Documents
A1	12.09.2018	Application form
A2	20.09.2018	Sanction memorandum
A3	24.09.2018	Housing loan agreement
A4	27.09.2018	Memorandum of deposit of title deed
A5 & A6	31.05.2023	Legal notice along with original postal receipts
A7	--	Statement of account

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Witness Examined for the Defendant: -Nil - List of Documents Exhibited for the Defendant: -Nil -

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Sd/ (T. RAJESH)

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PRESIDING OFFICER

Canara Bank v. Harish Prasad

Case brief

What is this about?

What did the court decide?

Canara Bank v. Harish Prasad

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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