Allowed

Bank of Baroda v. Mr Syed Mukhatadeer

DRT29 May 2026OA/1341/2023

Case brief

AI extract

What is this about?

The Tribunal allowed the Original Application filed by Bank of Baroda for issuance of a Recovery Certificate against two defendants who defaulted on a housing loan. The respondents were absent. The Tribunal allowed the claim but reduced the interest rate to 8% per annum.

What did the court decide?

Issuance of Recovery Certificate for Rs. 46,96,601.00 with interest at 8% p.a. simple from filing date till realization.

Bank of Baroda versus Mr Syed Mukhatadeer — Contract and Commercial Disputes | DRT (2026)

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1 1341/2023

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IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA AT BENGALURU

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Dated this 29^th Day of May, 2026

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Present: Sri. T. RAJESH Presiding Officer OA.No.1341/2023

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BETWEEN:

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Bank of Baroda Dayananda Sagar College Branch, SM Hills, Kumarswamy Layout, Bangalore -560 078. Through its Branch Manager Smt. Sudha Gopalakrishnan.

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…APPLICANT

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AND:

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Mr. Syed Mukhtadeer s/o Syed Akram Having address at: 23/1, 1^st Floor, Shadab Nagar Main Road, DJ Halli, Bangalore-560045

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Mrs. Naveeda Banu w/o Syed Mukhtadeer,. Having address at: 231/1, 1^st Floor, Shadab Nagar Main Road, DJ Halli, Bangalore- 560045 ...DEFENDANTS

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Counsel on record/appeared for:

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Applicant : Vignesh Shetty Defendants : Exparte

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FINAL ORDER

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The present Original Application in short (OA) has been filed under section 19 of Recovery of Debts and Bankruptcy Act 1993 seeking issuance of Recovery Certificate against the defendants for Rs. 46,96,601.00/(Rupees Forty Six Lakh Ninety Six Thousand Six Hundred one Only) with

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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 availed the Housing Loan credit facility of Rs. 45,49,000/- from the applicant bank on 17.12.2019.

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It is also the case of the applicant that, in view of the above availed loans, the defendants executed necessary loan documents along with Loan application, Memorandum of deposit, Agreement for Home Loan, Agreement to Mortgage, Declaration cum undertaking cum Authority.

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It is further contended that, despite availing the credit facilities, agreeing to service the loan account 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, summons the defendants, they failed to appear, resulting the defendants being set exparte on 27.11.2025.

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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 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 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 the security interest and the defaults committed in the accounts. 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.

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Hence in view of the findings arrived herein above, the Tribunal find both these issues 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 facilities are

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availed for Housing purpose and also that the 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% (simple).

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In the result, OA.No.487/2025, stands allowed,

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i) The applicant is allowed to recovery an aggregate sum of Rs. 46,96,601.00/- (Rupees Forty Six Lakh Ninety Six Thousand Six Hundred One Only) with further interest @8.00 % p.a.(simple) from the date of filing OA till the realization, from the defendants jointly, severally & personally, 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 schedule property. Schedule Properties 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 amount due and payable to the applicant bank, the defendants jointly, severally & personally and their assets are liable for the amounts due under the loan accounts.

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iii) The applicant bank is allowed cost of the proceedings which

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

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of this final order.

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14. Communicate a copy of the order to the parties concerned in terms

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

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Rules, 1993.

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[Dictated to the Stenographer (DV), transcribed by her, corrected and signed and pronounced by me in the Open Court, this the 29^th Day of May, 2026].

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Sd/-

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(T. RAJESH)

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PRESIDING OFFICER

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ANNEXURES

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WITNESSES EXAMINED FOR THE APPLICANT BANK:

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AW-1: Naresh B Shetty, Assistant Manager of the Applicant Bank

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Exhibits on the part of the Applicant:

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Annexure	Date	List of Documents
A1	04.11.2019	Application dated 04.11.2019 and Sanction letter dated 17.12.2019
A2	21.12.2019	Declaration
A3	21.12.2019	Agreement for Baroda Home Loan advantage
A4	21.12.2019	Declaration cum undertaking cum Authority
A5	21.12.2019	Demand Promissory note
A6	21.12.2019	Memorandum of deposit of title deeds
A7	15.06.2021	Notice under Section 13 (2) of the SARFAESI Act
A8	--	True Extract of Statement f Accounts pertaining to the defendants Loan Accounts No.74370600000503

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Witness Examined for the Defendants: -Nil - List of Documents Exhibited for the Defendants: -Nil –

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Sd/- (T. RAJESH) PRESIDING OFFICER

Bank of Baroda v. Mr Syed Mukhatadeer

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. Mr Syed Mukhatadeer

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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Case details

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