Bank filed OA for recovery of agricultural loans under RDDBFI Act, 1993. Defendants absconded and appeared ex parte. Tribunal found evidence sufficient, admitted claim, and allowed OA with reduced interest.
Allowed OA; recovery of sum Rs. 37,23,792/- plus 6% simple interest filed by executing against security properties.
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 31st Day of July, 2026
Present: Sri. T. RAJESH Presiding Officer OA NO.1771/2023
BETWEEN:
Karnataka Gramin Bank Branch office at: Ballatagi, Manvi Taluk, Raichur District – 584 123
Represented by its Manager Mr. Ramprasad G
…APPLICANT
AND:
Counsel on record/appeared for:
Applicant : N Raveendran Defendants : Ex parte
OA-1771/2023
2
FINAL ORDER:
Tribunal by filing this OA seeking issuance of Recovery Certificate for
OA-1771/2023
3
the amount due in the account.
Both these issues are gone into and decided together.
OA-1771/2023
4
the accounts. The liability of the defendants and the claim of the amount due are also proved by the above document. The claim of the applicant is well within the limitation.
find both these issues are in favour of applicant and hence, this
Tribunal is of the view that OA is to be allowed.
availed for Agricultural purpose and also that the OA claim is arrived at by calculating interest at the agreed rate, this Tribunal is the view
that the OA can be allowed with a reduced interest of 6.00% (simple).
Rs. 37,23,792/- (Rupees Thirty-Seven Lakhs Twenty-Three Thousand Seven Hundred and Ninety-Two Only) with further interest @6.00% 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
OA-1771/2023
5
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 balance amounts due under the loan accounts.
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.
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 31st Day of July, 2026].
Sd/-
(T. RAJESH) PRESIDING OFFICER
OA-1771/2023
6
ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK:
AW-1: Mr. S Venkatesh, S/o. Mr. S Hanumantha Rao, Branch
Manager, of Applicant Bank.
Exhibits on the part of the Applicant:
| Exhibit | DOCUMENTS | PAGE |
|---|---|---|
| Nos | NOS. | |
| A1 | Application for Agricultural Crop Loan/ Short Term credit facility (KCC) dated 18.01.2011 |
33 – 34 |
| A2 | Sanction Letter dated 18.01.2011 | 35 |
| A3 | Simple Mortgage Deed for KCC/OD facility to Agriculturists dated 27.01.2011 |
36 – 42 |
| A4 | Request for Agricultural overdraft facility/Kisan Credit Card dated 28.01.2011 |
43 – 44 |
| A5 | Memorandum of Agreement for Crop Loans dated 28.01.2011 | 45 – 48 |
| A6 | Undertaking Latter from the Borrower dated 28.01.2011 | 49 |
| A7 | Letter of Revival dated 12.04.2013 | 50 – 51 |
| A8 | Letter of Revival dated 30.03.2016 | 52 – 53 |
| A9 | Letter of Revival dated 19.09.2018 | 54 – 55 |
| A10 | Letter of Revival dated 10.03.2021 | 56 – 57 |
| A11 | Acknowledgement of Security/Liability dated 13.05.2021 | 58 |
| A12 | Legal Notice dated 18.07.2023 | 59 |
| A13 | Application cum Appraisal form for Kisan OD dated 29.01.2011 | 60 – 65 |
| A14 | Kisan OD Sanction Memorandum dated 21.02.2011 | 66 – 67 |
OA-1771/2023
7
| A15 | Simple Mortgage Deed for KCC/OD facility to Agriculturists dated 10.03.2011 |
68 – 74 |
|---|---|---|
| A16 | Request for Agricultural overdraft facility/Kisan Credit Card dated 11.03.2011 |
75 – 76 |
| A17 | Agreement and Deed for Kisan OD dated 11.03.2011 along with Enclosure |
77 – 85 |
| A18 | Undertaking Latter from the Borrower dated 11.03.2011 | 86 |
| A19 | Letter of Attestation / Declaration dated 11.03.2011 | 87 |
| A20 | Revival Letter dated 24.04.2013 | 88 – 89 |
| A21 | Letter of Revival dated 06.04.2016 | 90 -91 |
| A22 | Letter of Revival dated 11.10.2018 | 92 – 93 |
| A23 | Letter of Revival dated 19.07.2020 | 94 – 95 |
| A24 | Acknowledgement of Security/Liability dated 13.05.2021 | 96 |
| A25 | Letter of Revival dated 17.06.2023 | 97 – 98 |
| A26 | Legal Notice dated 02.06.2022 | 99 |
| A27 | Statement of Account in respect of KCC account No. 54015354010615 |
100 – 105 |
| A28 | Statement of Account in respect of Kisan OD account No. 54015355013514 along with interest sheet and Certificate |
106 – 115 |
Witness Examined for the Defendants: -Nil - List of Documents Exhibited for the Defendants: -Nil –
Sd/-
(T. RAJESH) PRESIDING OFFICER
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 regarding the recovery of the dues?
3 provisions across 2 enactments
Karnataka Gramin Bank
Mrs. Mamathaj Begum @ Mamtaz Begam
Mr. Mohaboob Khan
Mr.Holiyappa Eligar
T. RAJESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
