Allowed

Bank of Baroda v. Indramathi R

DRT11 Sept 2026OA/1950/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the Applicant Bank's request for a Recovery Certificate against the defaulting borrower. The proceedings were conducted ex parte as the defendant failed to appear. The Tribunal found the loan documents and evidence of default undisputed, confirming the claim for principal, interest, and costs. The order grants recovery of the dues along with overdue interest.

What did the court decide?

Recovery Certificate allowed for Rs. 38,32,465/- with 8% simple interest from filing date until realization, recoverable personally and against schedule properties.

Bank of Baroda versus Indramathi R — Specific Performance | DRT (2026)

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IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA

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AT BENGALURU

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Dated this 11^th Day of September, 2026

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Present: Sri. T. RAJESH Presiding Officer

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OA.No.1950/2024

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BETWEEN:

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Bank of Baroda Branch Office at No. 25, Victora road Branch, Victoria Layout, Bengaluru City Represented by its Chief Manager.

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…APPLICANT

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AND:

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Smt. Indramathi R W/o Manju Naik, Aged about 35 years, R/at No.51, Elam, Behind Methodic Church, Arahalli, Kollar-563101.

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Also at: No. G008, Ground Floor, Mayur Daffodils , S. Medahalli Village, Sarjapura Hobli, Anekal Taluk, Bengaluru-562125.

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...DEFENDANTS

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Counsel on record/appeared for:

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Applicant : Nagaraj Damodar Defendants : Exparte

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FINAL ORDER

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The present Original Application in short (OA) has been filed under

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section 19 of Recovery of Debts and Bankruptcy Act 1993 seeking issuance

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2 1950/2024

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of Recovery Certificate against the defendants for Rs. 38,32,465/- (Rupees Thirty Eight Lakh Thirty Two Thousand Four hundred Sixty Five Only) with 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 defendant availed the Baroda Home Loan facility of Rs. 35,35,485/- from the applicant bank.

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It is also the case of the applicant that, in view of the above availed loans, the defendant executed necessary loan documents along with loan Agreement for housing loan, Agreement for Baroda Home Loan Advantage, letter of Confirmation of Mortgage, Memorandum of Deposit of Title Deed.

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It is further contended that, despite availing the credit facility, agreeing to service the loan account promptly and regularly, the defendant 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, taking out summons the defendant failed to appear, resulting the defendants being set exparte on 06.03.2025.

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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

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3 1950/2024

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Exhibits A-1 to A-14 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 defendant?

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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 defendant 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 facility as stated in the OA, creation of Mortgage as claimed by the applicant bank and the defaults committed in the accounts. The liability of the defendant 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

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find both these issues in favour of applicant and hence, this Tribunal is of

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4 1950/2024

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the view that OA is to be allowed.

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Taking into consideration the facts that the credit facility was 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.1950/2024, stands allowed,

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i) The applicant is allowed to recovery an aggregate sum of Rs. 38,32,465/- (Rupees Thirty Eight Lakh Thirty Two Thousand Four Hundred Sixty Five Only) with further interest @8.00 % p.a.(simple) from the date of filing OA till the realization, from the defendant 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 defendant personally and his 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 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

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5 1950/2024

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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 11^th Day of September, 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: Y.S. Charan Kumar, Chief Manager and Authorized Officer of the

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applicant Bank

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Exhibits on the part of the Applicant:

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Annexure	Date	List of Documents
A1	03.09.2022	Loan Application
A2	10.11.2022	Sanction Letter
A3	14.11.2022	D.P. Note
A4	14.11.2022	Loan Agreement for individual/s (Housing Loan)
A5	14.11.2022	Agreement for Baroda Home Loan Advantage
A6	14.11.2022	Letter of Confirmation of Mortgage
A7	14.11.2022	Declaration in the matter of Mortgage by deposit of title deeds in respect of immovable

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6 1950/2024

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A8	14.11.2022	Memorandum of Entry
A9	21.11.2022	Memorandum of Deposit of title Deed
A10	14.11.2022	Letter of Installment with acceleration clause
A11	10.10.2023	Notice under Section 13 (2) of SARFIASI Act And Postal acknowledgement
A12	03.01.2024	Notice under Section 13 (4) of SARFIASI Act And Postal acknowledgement
--	--	Paper publications in Indian Express and Kannada Prabha
--	17.02.2024	Magistrate order under section 14 of SARFIASI Act. In Crl. Misc No. 249/2024
--	--	Panchanama
--	01.03.2024	Sale Notice and postal Acknowledgement
--	--	Paper publications
A13	--	Statement of Account Extract
A14	--	Certificate U/S 2A (B) & A(C) of the banker’s Book Evidence Act, 1891

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Witness Examined for the Defendant: List of Documents Exhibited for the Defendant:

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-Nil -

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-Nil –

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Sd/- (T. RAJESH) PRESIDING OFFICER

Bank of Baroda v. Indramathi R

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. Indramathi R

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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Case details

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