DRT allowed OA seeking recovery certificate for housing loan default. Tribunal found evidence uncontroverted due to ex parte appearance, permitted reduced interest at 8% p.a., and authorized recovery from respondents jointly and severally.
Recovery Certificate allowed for Rs. 47,44,085.20 with 8% p.a. simple interest; respondents jointly and severally liable.
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 04th Day of September, 2026
Present: Sri. T. RAJESH Presiding Officer OA.No.1424/2023
BETWEEN:
Bank of Baroda Dayananda Sagar College Branch, SM Hills, Kumaraswamy Layout, Bangalore – 560 078
Rep by its Senior Manager
Smt. Suparna Mittara …APPLICANT
AND:
Counsel on record/appeared for:
Applicant : VS Associates Defendants : Ex parte
OA-1424/2023
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FINAL ORDER
OA-1424/2023
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claim as against the defendants?
ii) What order are to be passed?
Both these issues are gone into and decided together.
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.
OA-1424/2023
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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.
availed for Housing purpose and also that the OA claim is arrived at by calculating interest at the agreed rate, this Tribunal is of the view that the OA can be allowed with a reduced interest of 8.00% (simple).
i) The applicant is allowed to recover an aggregate sum of Rs. 47,44,085.20/- (Rupees Forty-Seven Lakhs Forty-Four Thousand and Eighty-Five and Paisa Twenty 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 amount 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.
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 assets are liable for all such 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.
iv) The Recovery Certificate to be drawn in terms of this order
and transferred to Recovery for execution.
v) Interim application pending, if any, are disposed of with this
Final Order.
terms of Section 19(21)(i) of the RDB Act, read with Rule 16 of DRT
(Procedure) Rules, 1993.
[Dictated to the Stenographer (HS), transcribed by her, corrected and signed and pronounced by me in the Open Court, this the 04th Day of September, 2026].
Sd/-
(T. RAJESH) PRESIDING OFFICER
ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK:
AW-1: Raju N, S/o. Narayana Rao, Manager, of Applicant Bank.
Exhibits on the part of the Applicant:
| Exhibit | Documents |
|---|---|
| s | |
| A1 | Loan application dated 04.10.2019 also sanction letter dated 30.11.2019 |
| A2 | Loan agreement dated 09.12.2019 |
| A3 | Agreement for Baroda home loan advantage dated 09.12.2019 |
| A4 | Declaration cum undertakingcum authoritydated 09.12.2019 |
| A5 | Demandpromissorynote dated 09.12.2019 |
OA-1424/2023
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| A6 | Letter of installment wit acceleration clause dated 09.12.2019 |
|---|---|
| A7 | Declaration in the matter of mortgage by deposit of title deeds in respect of immovable individuals’property dated 09.12.2019 |
| A8 | Letter of confirmation of mortgage in respect of personal property dated 09.12.2019 |
| A9 | True extract of statement of accounts pertaining to the defendant’s loan agreement no. 74370600000502 |
| Wi | tness Examined for the Defendants: -Nil - |
| Lis | t of Documents Exhibited for the Defendants: -Nil - |
Sd/-
2 issues framed by the court
Whether the applicant had succeeded in proving the OA claim as against the defendants?
What order are to be passed in the OA?
2 provisions across 1 enactments
Bank of Baroda Dayananda Sagar College Branch
Smt. Suparna Mittara
Mr. Chandra Shekar
Mrs. Mangali Ramalaxmi
T. RAJESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
