Allowed
Karnataka Vikas Grameena Bank v. Prakash Bhupal Patil
DRTOA/2045/2024
What the court decided
AI extract
Outcome
Allowed
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 30st Day of June, 2026
Present: Sri. T. RAJESH Presiding Officer
OA. No.2045/2024
BETWEEN:
Karnataka Grameena Bank Hukkeri Branch, Near Bus stand, Attikeri Building, Attikeri building, Hukkeri Taluk, Belgaum District – 591 309 Represented by its Branch Manager
Sri. Gururaj Basawant Kankanwadi …APPLICANT
AND:
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Aged about 53 years R/at: No. 783, Bannar Oni, Sarapur, Hukkeri Taluk, Belgaum District – 591 305
Counsel on record/appeared for:
Applicant : Vijay S Defendant no. 1,2,4, 5,7, & 8 : Ex parte Defendant no.3 & 6 : Deceased
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FINAL ORDER
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defaults in repayment and consequentially turning the loan accounts as NPA.
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ii) What orders are to be passed?
Both these issues are gone into and decided together.
remains 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 facility as stated in the OA, creation of security interest as claimed by the applicant bank and the defaults committed in the account. The liability of the defendants and the claim of the amount due are also proved by the above documents. The claim of the applicant is well within the limitation.
availed for Agricultural purpose and also that the OA claim is arrived at by calculating interest at the agreed rate, this Tribunal of the view that OA can be allowed with a reduced interest of
6.00%(simple).
OA. No. 2045/2024
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of Rs. 23,80,174/- (Rupees Twenty-Three Lakhs Eighty Thousand One Hundred and Seventy-Four Only) with further interest of 6.00% p.a.(simple) from the date of filing OA till the realization, from the defendants, to the extent of their inheritance of any estate form the deceased borrowers Defendant nos. 3 & 6, after giving credit to all the amounts recovered and received during the pendency of the OA allowed the same to be recovered by proceeding against the schedule property. The schedule property to the OA be the schedule property to the Recovery Certificate.
ii) If the sale proceeds are not sufficient to clean the liability defendants are liable to the extent of estate, they inherited from deceased defendant nos. 3 & 6 for the balance amount.
iii) The applicant bank is allowed cost of the proceeding
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.
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v) Interim Application pending, if any, stands disposed of
with 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 30st Day of June, 2026].
Sd/-
(T. RAJESH) PRESIDING OFFICER
ANNEXURES WITNESSES EXAMINED FOR THE APPLICANT BANK:
AW-1 Smt. Prathibha A V, S/o. Sri. Veerabhadrayya, Branch
Manager, of the applicant bank.
Exhibits on the part of the Applicant:
| Annexure | Date | Particulars | |
|---|---|---|---|
| A1 | 16.02.2015 | Loan Applicati | on |
| A2 | 16.03.2015 | Loan sanction | letter |
| A3 | 31.03.2015 | Consideration Executed by D The Applicant |
Receipt for Rs. 2,55,000/- efendant No.1 To 5 In Favour of Bank |
| A4 | 20.03.2015 | Consideration Executed by D of The Applica |
Receipt for Rs. 5,88,000/- efendant No.1 To 5 In Favour nt Bank |
| A5 | 25.03.2015 | Consideration Executed by D The Applicant |
Receipt for Rs. 3,00,000/- efendant No.1 To 5 In Favour of Bank |
| A6 | 25.03.2015 | Consideration Executed by D The Applicant |
Receipt for Rs. 12,32,000/- efendant No.1 To 5 In Favour of Bank |
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| A7 | 19.03.2015 | Composite hypothecation agreement executed by defendant no.1 to 5 in favour of the applicant bank |
|---|---|---|
| A8 | 19.03.2015 | Guarantee agreement executed by defendant no.6 to 7 in favour of the applicant bank |
| A9 | 19.03.2015 | Simple mortgage deed executed by defendant no.2 to 6 in favour of the applicant bank |
| A10 | 28.09.2017 | Agreement for conversion /rephasement of loans executed by defendant no.1 to 5 in favour of the applicant bank |
| A11 | 06.10.2022 | On demand promissory note along with revival letter for time barred debts executed by defendant no.1 to 5 in favour of the applicant bank |
| A12 | 29.12.2021 | Legal notice issued by the applicant bank to the defendants |
| A13 | ------- | Statement of account |
Witness Examined for the Defendants: List of Documents Exhibited for the Defendants:
-Nil -
-Nil -
Sd/-
(T. RAJESH) PRESIDING OFFICER
2 issues framed by the court
Whether the applicant succeeded in proving the application claim against the defendants?
What orders are to be passed in the matter?
1 provisions across 1 enactments
Karnataka Grameena Bank
Sri. Prakash Bhupal Patil
Sri. Bhupal Jinnappa patil
Sri. Dhanapal Jinnappa Patil
Sri. Babanna Jinnappa Patil
Smt. Padmavathi Sukumar Chougale
T. RAJESH
As recorded by the court registry
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