DRT allowed the bank's application for a recovery certificate despite defendants defaulting in agricultural loan repayments. Court reduced interest to 6% p.a. and ordered joint and several liability recovery.
Recovery Certificate issued for Rs.20,65,008.05 plus 6% p.a. simple interest. Approximately 200 characters limit reached.
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, BENGALURU
Dated this 30th Day of January, 2026
Present: Sri. T. RAJESH Presiding Officer OA.No.1546/2023
BETWEEN:
Canara Bank Branch office at: Jewargi Branch, Near Agriculture office BB Road, Jewargi- 585310
…APPLICANT
AND:
Near Podashetty Home, Jewargi Taluk,
Kalburgi District- 585310
...DEFENDANTS
Counsel on record/appeared for:
Applicant : Naveen Tao Defendants : Exparte
FINAL ORDER
filed under section 19 of Recovery of Debts and Bankruptcy Act
2
OA 1546-2023
1993 seeking issuance of Recovery Certificate for Rs.20,65,008.05 (Rupees twenty lakh sixty five thousand eight and paisa five only) with further interest thereon from the date of filing the Application till realization from the Defendants.
3
OA 1546-2023
failed to appear, resulting the defendants being set exparte on 01.04.2025.
OA claim as against the defendants?
Both these issues are gone into and decided together.
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
OA 1546-2023
4
the applicant bank and the defaults committed in the accounts.
The liability of the defendants and the claim as the amount due is also proved by the above documents. The claim of the applicant is well within the limitation.
this Tribunal, in view of the OA can be allowed with a reduced interest @6% p.a.(Simple).
i) The applicant is allowed to recovery an aggregate sum of Rs.20,65,008.05 (Rupees twenty lakh sixty five thousand eight and paisa five only)with further interest @6% 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
OA 1546-2023
5
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.
(ii) If the sale proceeds are not sufficient, the defendant personally and his other assets are liable to be proceeded against for the balance amount.
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, stands disposed of
in terms of this final order.
in terms of Section 19(21)(i) of the RDB Act, read with Rule 16
of DRT (Procedure) Rules, 1993.
[Dictated to the Stenographer (JV), transcribed by him, corrected and signed and pronounced by me in the Open Court, this the 30th day of January, 2026].
Sd/ (T. RAJESH)
PRESIDING OFFICER
OA 1546-2023
6
ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK:
AW-1: Manoj Singh, Senior Manager, of the Applicant Bank.
Exhibits on the part of the Applicant:
| Exhibit Nos. |
Date | Particulars of Documents |
|---|---|---|
| A1 | 26.06.2019 | Simple mortgage deed registered as document No.JVG-1-01977-2019-20 at the office of Sub registrar, Jewargi |
| A2 | 27.06.2019 | Application for agricultural credit term loan (A.c No.13118010013800) |
| A3 | 27.06.2019 | Agreement for agricultural advances |
| A4 | 27.06.2019 | Deed of guarantee for agricultural advances |
| A5 | 19.02.2020 | Application for renewal of agricultural credit |
| A6 | 20.06.2022 | Letter of revival |
| A7 | 24.07.2023 | Legal notice along with 2 postal receipts |
| A8 & A9 | Two postal cover returned unserved | |
| A10 | Bank statement A/c No.13118010013800 |
Witness Examined for the Defendant:
-Nil -
List of Documents Exhibited for the Defendant: -Nil -
PRESIDING OFFICER
Sd/ (T. RAJESH)
2 issues framed by the court
Whether the applicant succeeded in proving the claim as against the defendants?
What order are to be passed in the matter of issuance of Recovery Certificate?
1 provisions across 1 enactments
Canara Bank Branch office at Jewargi
T. RAJESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
