Allowed

Bank of Baroda v. Mr Meera Chaka

DRT30 Apr 2026OA/1339/2022

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed the bank's original application for a Recovery Certificate against defendants who failed to appear. The court proved the loan liability and default, but ordered a reduced interest rate of 8% p.a. on the due amount of approx. Rs. 49.73 lakhs.

What did the court decide?

Recovery Certificate issued for Rs. 49,73,004.87 plus 8% p.a. simple interest from filing until realization.

Bank of Baroda versus Mr Meera Chaka — Contract and Commercial Disputes | DRT (2026)

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IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA AT BENGALURU

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Dated this 30^th Day of April, 2026

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Present: Sri. T. RAJESH Presiding Officer OA.No.1339/2022

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BETWEEN:

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Bank of Baroda Byrasandra Branch No. 1360-A, 4^th T Block, Jayanagar, Bangalore – 560 041

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Through Its Senior Manager

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Mr. Satish Dafale …APPLICANT

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AND:

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Mrs. Meera Chaka W/o. Uday Kiran Chaka Having address at: #19, Sri. Rama mandir Road, Basavangudi, Bangalore – 560 004

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Ozone Urbana Infra Developers Private Limited A company incorporated under the companies Act, 1956 having its registered office at No. 38, Ulsoor road, Bangalore – 560 042 ...DEFENDANTS

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Counsel on record/appeared for:

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Applicant : V S Associate Defendants : Ex parte

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FINAL ORDER

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The present Original Application in short (OA) has been filed

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under section 19 of Recovery of Debts and Bankruptcy Act 1993

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OA-1339/2022

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seeking for issuance of Recovery Certificate against the defendants for Rs. 49,73,004.87/- (Rupees Forty-Nine Lakhs Seventy-Three Thousand Four and Paisa Eighty-Seven 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 housing loan of Rs. 51,01,000/- (Rupees Fifty-One Lakhs One Thousand Only) for purchase of flat.

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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 documents.

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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 18.02.2025.

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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-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

OA-1339/2022

and proof affidavit.

The following issues arise for consideration in this matter:

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i) Whether the applicant had succeeded in proving the OA

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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

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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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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 Housing purpose and also that the OA claim is arrived at

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by calculating interest at the agreed rate, this Tribunal is of the view

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OA-1339/2022

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that the OA can be allowed with a reduced interest of 8.00% (simple).

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In the result, OA.No.1339/2022, stands allowed,

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i) The applicant is allowed to recover an aggregate sum of Rs. 49,73,004.87/- (Rupees Forty-Nine Lakhs Seventy-Three Thousand Four and Paisa Eighty-Seven Only) with further interest @8.00 % p.a.(simple) from the date of filing OA till the realization, from the defendants jointly, severally and personally, 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 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 balance amounts due under the loan accounts.

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iii) The applicant bank is allowed cost of the proceedings 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 and transferred to Recovery for execution.

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OA-1339/2022

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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 April, 2026].

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Sd/-

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(T. RAJESH) PRESIDING OFFICER

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ANNEXURES WITNESSES EXAMINED FOR THE APPLICANT BANK:

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AW-1: Devi Dayal, S/o. Sri. Prithivi Singh, Chief Manager, of

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Applicant Bank.

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Exhibits on the part of the Applicant:

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Exhibit Nos.	Particulars of Documents
A1	Agreement of sale dated 29.07.2016
A2	Tripartite agreement dated 27.01.2016
A3	Sanction letter dated 22.12.2016
A4	Undated agreement
A5	Declaration cum undertaking cum authority dated 31.12.2016
A6	Legal notice dated 28.06.2022
A7	True extract of statement of accounts pertaining to the defendant’s loan account no. L/A. no. 19830600001882
Witness	Examined for the Defendants: -Nil –

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List of Documents Exhibited for the Defendants:

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-Nil -

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(T. RAJESH) PRESIDING OFFICER

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Sd/-

Bank of Baroda v. Mr Meera Chaka

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. Mr Meera Chaka

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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Case details

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