The DRT allowed an Original Application for a Recovery Certificate. The Tribunal held evidence uncontroverted due to the defendant's absence and ordered recovery of the principal sum plus reduced interest at 12% p.a.
Recovery Certificate permitted for Rs.24,47,739/- plus interest at 12% p.a., recoverable from personal assets and scheduled property.
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 28th Day of January, 2026
Present: Sri. T. RAJESH
Presiding Officer
OA. No.2121/2024
BETWEEN:
State Bank of India Halebeedu Branch (40904) Belur Taluk, Hassan District Rep. by its Branch Manager … APPLICANT
AND:
Sri. Maruti Enterprises Rep. by its Proprietor Smt. Dakshayini W/o. Sri. Nagaraja Aged about 40 years, Unit at: Khata No.214 blr md 21 Belur Taluk, Halebeedu Hobli, Ghattadahalli, Hassan-573121
And also, at: R/o. Mathighatta Village and Post, Halebeedu Taluk, Hassan District-573121
...DEFENDANT
Counsel on record/appeared for: Applicant : Sri. G.N. Satyamurthy Defendant : Exparte
:FINAL ORDER:
1. The present Original Application in short (OA) has been filed
under section 19 of Recovery of Debts and Bankruptcy Act 1993 for
OA. No.2121/2024
2
seeking issuance of Recovery Certificate against the defendant for Rs.24,47,739/- (Rupees Twenty Four Lakh Forty Seven Thousand Seven Hundred and Thirty Nine only) with further interest thereon from the date of filing the Application till realization from the Defendant.
OA. No.2121/2024
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Both these issues are gone into and decided together.
OA. No.2121/2024
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as stated in the OA, as to the execution of loan documents 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.
of Rs.24,47,739/- (Rupees Twenty Four Lakh Forty Seven Thousand Seven Hundred and Thirty Nine only) with further interest of 12.00% p.a.(simple), from the date of filing OA till the realization from defendant, after giving credit to all the amount recovered and received during the pendency of the OA and allowed
OA. No.2121/2024
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the same to be recovered by proceeding against defendant personally and also by proceeding against the schedule. The 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 defendant personally and her other assets are liable for all such amounts due under the loan account.
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.
v) Interim Application pending, if any, stands disposed of with this Final Order.
[Dictated to the Stenographer (PR), transcribed by her, corrected and signed and pronounced by me in the Open Court, this the 28th Day of January 2026].
Sd/(T. RAJESH) PRESIDING OFFICER
OA. No.2121/2024
6
ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK:
AW-1: Sri. Rajendra Tenginakai, Chief Manager of the applicant bank.
Exhibits on the part of the Applicant:
| Annexure | Particulars | Date |
|---|---|---|
| A1 | Application | nil |
| A2 | Arrangement letter | 27.04.2023 |
| A3 | Hypothecation Agreement | 27.04.2023 |
| A4 | Demand notice | 11.03.2024 |
| A5 | Certified accounts extract | 21.08.2024 |
| A6 | Account closure summary | 21.08.2024 |
Sd/-
(T. RAJESH) PRESIDING OFFICER
2 issues framed by the court
Whether the applicant succeeded in proving the OA claim as against the defendant?
Whether the applicant is entitled to a reduced interest rate on the recovery certificate?
2 provisions across 1 enactments
State Bank of India Halebeedu Branch
Sri. Maruti Enterprises
T. RAJESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
