Allowed

Bank of Baroda v. Amruta a Naralikar

DRT31 Jul 2026OA/1952/2024

Case brief

AI extract

What is this about?

In an ex parte hearing, the Tribunal allowed the bank's Original Application under Section 19 of the RDB Act 1993, admitting the loan default claim and issuing a Recovery Certificate with reduced interest of 8.00% p.a. to recover the due amount.

What did the court decide?

Recovery Certificate issued for Rs. 34,45,340/- plus interest at 8.00% p.a. (simple) until realization, executable against scheduled properties and defendant's personal assets.

Bank of Baroda versus Amruta a Naralikar — Banking and Recovery | DRT (2026)

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IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA AT BENGALURU

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Dated this 31^st Day of July, 2026

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Present: Sri. T. RAJESH

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Presiding Officer OA.No.1952/2024

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BETWEEN:

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Bank of Baroda Victoria road, Bengaluru city, Rep by its Chief Manager …APPLICANT

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AND:

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Ms. Amrutha A Naralikar D/o. Ananda Naralikar Aged about 36 years R/at: No. 1459, Ground Floor, Banashankari 2^nd stage, Bengaluru – 560 0070

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Also, at: Flat no. 2008, 2^nd floor, Mayur Daffodils, S. Medahalli Village, Sarjapur Hobli, Anekal Taluk, Bengaluru – 562 125 ...DEFENDANT

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Counsel on record/appeared for:

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Applicant : Nagaraj Damodar Defendant : Ex parte

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FINAL ORDER

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The present Original Application in short (OA) has been filed under section 19 of Recovery of Debts and Bankruptcy Act 1993 seeking for issuance of Recovery Certificate against the defendant for Rs 34,45,340/- (Rupees Thirty-Four Lakhs Forty-Five Thousand Three

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OA-1952/2024

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Hundred and Forty 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 is availed a housing loan of Rs. 33,52,000/- (Rupees Thirty-Three Lakhs Fifty-Two Thousand Only) to purchase of residential flat.

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It is also the case of the applicant that, in view of the above availed loan, the defendant executed the necessary loan document along with deposit of title deeds.

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It is further contended that, despite availing the credit facility, agreeing to service the loan amount 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, service of summons on the defendant, she failed to appear, resulting the defendant being set ex parte on 27.11.2025.

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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 Exhibits A-1 to A-10 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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OA-1952/2024

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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 ex parte. The evidence tendered by the applicant remains uncontroverted and undisputed.

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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 defendant and the claim of the amount due is 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 finding arrived herein above, the Tribunal finds that both these issues are in favour of applicant and hence, this Tribunal is of the view that OA is to be allowed.

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Taking into consideration the facts that the credit facility is

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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).

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OA-1952/2024

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In the result, OA.No.1952/2024, stands allowed,

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i) The applicant is allowed to recover an aggregate sum of

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Rs. 34,45,340/- (Rupees Thirty-Four Lakhs Forty-Five Thousand Three Hundred and Forty 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 the schedule properties. Properties schedule 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

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amount due and payable to the applicant bank, the defendant personally and her 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

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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 transferred to Recovery for execution.

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v) Interim application pending, if any, are disposed of with this Final Order.

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OA-1952/2024

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15. Communicate a copy of the order to the parties concerned in

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terms of Section 19(21)(i) of the RDB Act, read with Rule 16 of DRT

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(Procedure) Rules, 1993.

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[Dictated to the Stenographer (HS), transcribed by her, corrected and signed and pronounced by me in the Open Court, this the 31^st Day of July, 2026].

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Sd/- (T. RAJESH) PRESIDING OFFICER

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ANNEXURES

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WITNESSES EXAMINED FOR THE APPLICANT BANK:

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AW-1: Deepa Muraleedaran, W/o. Jayesh Krishnan, Manager, of

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Applicant Bank.

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Exhibits on the part of the Applicant:

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Exhibit Nos.	Particulars of Documents
A1	Loan application
A2	Sanction letter dated 15.07.2022
A3	DP note dated 19.07.2022
A4	Loan agreement for individuals (housing loans) dated 19.07.2022
A5	Declaration-cum-undertaking-cum-authority dated 19.07.2022
A6	Memorandum of deposit of title deeds dated 22.07.2022
A7	Letter of installment with acceleration clause dated 19.07.2022
A8	The copy of legal notice dated 30.05.2024 postal receipts and retuned RPAD covers
A9	Statement of account of extract
A10	Certificate U/s. 2A (b) & A(c) of the banker’s book evidence act, 1891
Witness	Examined for the Defendant: -Nil -
List of D	ocuments Exhibited for the Defendant: -Nil -

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(T. RAJESH) PRESIDING OFFICER

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Sd/-

Bank of Baroda v. Amruta a Naralikar

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. Amruta a Naralikar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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