Allowed

State Bank of India v. Thimmegowda T

DRT30 Jun 2026OA/1311/2025

Case brief

AI extract

What is this about?

In an ex parte application for recovery, the Tribunal allowed the applicant bank's claim for a personal loan default, reducing interest to 10% simple and directing issuance of a recovery certificate against the joint assets of the defendants.

What did the court decide?

Recovery of Rs 59,48,763/- with interest @10% p.a. simple issued via Recovery Certificate against defendants jointly, severally, and personally.

State Bank of India versus Thimmegowda T — Banking and Recovery | DRT (2026)

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IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA

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AT BENGALURU

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Dated this 30^th Day of June, 2026

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Present: Sri. T. RAJESH

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Presiding Officer OA.No.1311/2025

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BETWEEN:

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State Bank of India Branch office at: 11/90, 3^rd floor, JC road, Bengaluru – 560 002

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Represented by its Chief Manager

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Sri. Nagaraj V …APPLICANT

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AND:

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Mr. Thimmegowda T S/o. Thimmegowda Aged about 50 years

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Mrs. Indrani W/o. Mr. Thimmegowda T Aged about 43 years

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Both are R/at: H N pura road, Channapatna, Hassan – 572 301

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Also, at: Vijayanagar, near Siddartha High School, Or godown cross road, B M Road, 2^nd stage, Guddenahalli Village, Kasaa Hobli, Hassan Taluk – 573 201 ...DEFENDANTS

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Counsel on record/appeared for:

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Applicant : Smt. Mahalaxmi Vivek Defendants : Ex parte

OA-1311/2025

FINAL ORDER

The present Original Application in short (OA) has been filed under section 19 of Recovery of Debts and Bankruptcy Act 1993 seeking for issuance of Recovery Certificate against the defendants for Rs 59,48,763/- (Rupees Fifty-Nine Lakhs Forty-Eight Thousand Seven Hundred and Sixty-Three Only) with further interest thereon from the date of filing the Application till realization.

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It is the case of the applicant that, the defendants are availed a personal loan of Rs. 55,45,000/- (Rupees Fifty-Five Lakhs Forty-Five Thousand Only) against property.

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It is also the case of the applicant that, in view of the above availed loan, the defendants executed the necessary loan document along with deposit of title deeds.

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It is further contended that, despite availing the credit facility, agreeing to service the loan amount promptly and regularly, the defendants failed in complying the same, resulting in default 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 ex parte on 23.10.2025.

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OA-1311/2025

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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-08 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 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 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 remains unrebutted as defendants remained ex parte. The evidence tendered by the applicant remains uncontroverted and undisputed.

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The evidences put forth by the applicant were found admissible and are sufficient to prove availment of credit facility as stated in the OA, and the defaults committed in the accounts. The liability of the defendants and the claim of the amount due is also proved by the above documents. The claim of the applicant is well within the limitation.

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OA-1311/2025

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Hence in view of the finding arrived herein above, the Tribunal

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finds that both these issues are in favour of applicant and hence, this Tribunal is of the view that OA is to be allowed.

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Taking into consideration the facts that the credit facility is

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availed for Personal purpose and also that the OA claim is arrived at by calculating interest at the agreed rate, this Tribunal is of the view

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that the OA can be allowed with a reduced interest of 10.00%

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(simple).

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In the result, OA.No.1311/2025, stands allowed,

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i) The applicant is allowed to recover an aggregate sum of

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Rs 59,48,763/- (Rupees Fifty-Nine Lakhs Forty-Eight Thousand Seven Hundred and Sixty-Three Only) with further interest @10.00% p.a.(simple) from the date of filing OA till the realization, from the

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defendants jointly, severally and personally, after giving credit to all the amount recovered and received during the pendency of the OA

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and allowed the same to be recovered by proceeding against the schedule properties. Properties schedule to the OA be the schedule to the recovery certificate.

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ii) If the sale proceeds are not found sufficient to cover the

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amount due and payable to the applicant bank, the defendants jointly, severally and personally and their assets are liable for all such

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OA-1311/2025

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amounts due under the loan accounts.

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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 order

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and transferred to Recovery for execution.

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v) Interim application pending, if any, are disposed of with this

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Final Order.

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Communicate a copy of the order to the parties concerned in

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

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(Procedure) Rules, 1993.

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[Dictated to the Stenographer (HS), transcribed by her, corrected and signed and pronounced by me in the Open Court, this the 30^th Day of June, 2026].

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Sd/-

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(T. RAJESH) PRESIDING OFFICER

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ANNEXURES

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WITNESSES EXAMINED FOR THE APPLICANT BANK:

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AW-1: Jithin Raja Gopalan, Manager, of Applicant Bank.

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Exhibits on the part of the Applicant:

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Exhibits	Date	Description of loan documents
A-1	24.05.2023	Loan application
A-2	11.08.2023	Arrangement letter
A-3	16.08.2023	Agreement of loan
A-4	08.09.2023	Memorandum of deposit of title deeds

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OA-1311/2025

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A-5	25.02.2020	Sale deed
A-6	29.04.2024	Demand notice
A-7	20.12.2024	Statement of account
A-8	13.11.2024	Foreclosure letter/statement
Witness	Examined f	or the Defendants:	-Nil -

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List of Documents Exhibited for the Defendants: -Nil -

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Sd/-

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(T. RAJESH) PRESIDING OFFICER

State Bank of India v. Thimmegowda T

Case brief

What is this about?

What did the court decide?

State Bank of India v. Thimmegowda T

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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