This tribunal disposed of an Original Application for a Recovery Certificate under the RDB Act. The defendants appeared ex parte. The Court found the claim correct and issued a certified with reduced interest at 6.00%.
Issuance of Recovery Certificate for Rs. 21,75,596.04 with interest at 6.00% p.a. against defendants jointly and severally.
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 24th Day of July, 2026
Present: Sri. T. RAJESH
Presiding Officer
OA.No.2124/2025
BETWEEN:
Karnataka Grameena Bank Jewargi Branch, Taluk Jewargi, Dist. Kalaburagi – 585 310
Through its Branch Manager Mr. Pradeep Tigadi …APPLICANT
AND:
Counsel on record/appeared for:
Applicant : Sri. Naushad A K Defendants : Ex parte
FINAL ORDER
1. The present Original Application in short (OA) has been filed
under section 19 of Recovery of Debts and Bankruptcy Act 1993
2 OA-2124/2025
seeking issuance of Recovery Certificate against the defendants for Rs. 21,75,596.04/(Rupees Twenty-One Lakhs Seventy-Five Thousand Five Hundred and Ninety-Six and Paisa Four Only) with further interest thereon from the date of filing the Application till realization.
availed loans, the defendants executed the necessary loan document along with Simple Mortgage deed.
3 OA-2124/2025
Exhibits A-1 to A-19 and got the same marked in evidence.
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,
creation of the security interest and the defaults committed in the accounts. 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.
find both these issues in favour of applicant and hence, this Tribunal
is of the view that OA is to be allowed.
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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).
Rs. 21,75,596.04/- (Rupees Twenty-One Lakhs Seventy-Five Thousand Five Hundred and Ninety-Six and Paisa Four Only) consisting of:
a. Rs. 4,64,714.01/- (Rupees Four Lakhs Sixty-Four Thousand Seven
Hundred and Fourteen and Paisa One Only) with further interest @15.05 % p.a.(simple) from the date of filing OA till the realization,
from the defendant no.1:
b. 17,10,882.03/- (Rupees Seventeen Lakhs Ten Thousand Eight Hundred and Eighty-Two and Paisa Three only) with further interest @ 15.05 % p.a.(simple) from the date of filing OA till the realization, from the defendant nos.1 & 2:
After giving credit to all the amounts recovered and received during
the pendency of the OA and allowed the same to be recovered by proceeding against defendants jointly, severally and personally and
also by proceeding against schedule property. 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
amount due and payable to the applicant bank, the defendants jointly, severally and personally and their assets are liable for balance 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, stands disposed of in
terms of 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 24th Day of July, 2026].
(T. RAJESH) PRESIDING OFFICE
Sd/-
6 OA-2124/2025
ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK:
AW-1: Bandenawaj R Mulla, S/o. Rajakasaheb Hajisab Hulla, Branch Manager, of Applicant Bank.
Exhibits on the part of the Applicant:
| Exhib its |
Particulars |
|---|---|
| A-1 | Sanction letter dated 20.01.2011 |
| A-2 | Loan Agreement dated 20.01.2011 alongwith English translated version |
| A-3 | Simple Mortgage Deed dated 20.01.2011 |
| A-4 | Letter of Revival dated 18.11.2013 |
| A-5 | Letter of Revival dated 08.11.2016 |
| A-6 | Letter of Revival dated 20.07.2019 |
| A-7 | Letter of Revival dated 12.07.2022 |
| A-8 | Letter of Revival dated 07.01.2025 |
| A-9 | Loan Application dated 21.08.2014 |
| A-10 | Memorandum of Agreement for Agricultural Loans dated 21.08.2014 |
| A-11 | Simple Mortgage Deed dated 21.08.2014 |
| A-12 | Letter of Revival dated 20.08.2017 |
| A-13 | Letter of Revival dated 06.08.2020 |
| A-14 | Letter of Revival dated 01.07.2022 |
| A-15 | Letter of Revival dated 24.04.2025 |
| A-16 | Notice dated 27.07.2024 |
| A-17 | True Extract of Statement of Accounts pertaining to the Defendants aforesaid Loan Accounts No. 02215326008811 |
7 OA-2124/2025
A-18 True Extract of Statement of Accounts pertaining to the Defendants aforesaid Loan Accounts No.02215354059318 A-19 Combined statement showing total outstanding liabilities
Witness Examined for the Defendants: -Nil - 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 its OA claim against the defendants?
,
2 provisions across 1 enactments
Karnataka Grameena Bank Jewargi Branch
Mr. Sakrappagouda S/o. Sahebgouda
Mr. Baburaye S/o. Sidramappa Kobal
T. RAJESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
