In an ex parte hearing for a Recovery Certificate against availed housing loans. The Tribunal allowed the Applicant's claim for the due amount with reduced simple interest.
Issuance of Recovery Certificate for Rs. 1,06,47,466.02 with 8% p.a. simple interest from date of filing till realization.
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 20th Day of August, 2026
Present: Sri. T. RAJESH Presiding Officer OA.No.1856/2024
BETWEEN:
State Bank of India
JC road, Bangalore – 560 002
Represented by is Chief Manager
Mr. Nagaraja V …APPLICANT
AND:
And also, at:
a. No. 25, Sri. Venkateshwara Nilaya
Vayunandana layout, Hebbal, Kempapura, Bangalore north, H A Farm, Bangalore – 560 024
b. #103, Thirumala Residency, 1st floor, Sy No. 112/2, Jakkur Village, Yelahanka Hobli, Bangalore – 560 064
c. Sri. Balaji Elevators and Borewells Services #7, Ground Floor, Narayanappa Layout, Kempapura, Suma Public School, Bangalore – 560 024
OA-1856/2024
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And also, at: a. #103, Thirumala Residency, 1st floor, Sy No. 112/2, Jakkur Village, Yelahanka Hobli, Bangalore – 560 064
b. #7, Ground Floor, Narayanappa Layout, Kempapura, Suma Public School, Bangalore – 560 024 ...DEFENDANTS
Counsel on record/appeared for:
Applicant : R & J Associates Defendants : Ex parte
FINAL ORDER
OA-1856/2024
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OA-1856/2024
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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.
unrebutted as defendants remained ex parte. 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, 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.
finds that both these issues are in favour of applicant and hence, this Tribunal is of the view that OA is to be allowed.
OA-1856/2024
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Rs. 1,06,47,466.02/- (Rupees One Crore Six Lakhs Forty-Seven Thousand Four Hundred and Sixty-Six and paisa Two 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.
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.
OA-1856/2024
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14. Communicate a copy of the order to the parties concerned in
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 20th Day of August, 2026].
Sd/- (T. RAJESH) PRESIDING OFFICER
ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK:
AW-1: Jithin Rajagopalan, S/o. Rajagopalan K, Chief Manager, of
Applicant Bank.
Exhibits on the part of the Applicant:
| Exhi bits |
Date | Documents |
|---|---|---|
| A1 | 28.12.2019 | Home loan application form |
| A2 | 21.02.2020 | Arrangement letter |
| A3 | 22.02.2020 | Agreement to mortgage |
| A4 | 12.06.2020 | Customer declaration |
| A5 | 22.02.2020 | Affidavit |
| A6 | 22.02.2020 | Deed of undertaking |
| A7 | 22.02.2020 | Memorandum of loan agreement for home loangranted toopublic |
| A8 | 25.02.2020 | Memorandum of deposit |
| A9 | 03.10.2023 | Demand notice along with acknowledgment due and newspaper publication |
| A10 | -------- | Statement of account no. 39161497907 |
| A11 | -------- | Statement of account no. 39193727672 |
| A12 | -------- | Banker’s certificate |
| Witness Exa | mined for the Defendants: -Nil - |
|
| List of Docu | ments Exhibited for the Defendants: -Nil - |
Sd/-
(T. RAJESH) PRESIDING OFFICER
2 issues framed by the court
Whether the applicant succeeded in proving the original application claim as against the defendants?
What order are to be passed?
2 provisions across 1 enactments
State Bank of India
Mr. Venkateshwara Rao
Mrs. J Padmavati
T. Rajesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
