Allowed

Canara Bank v. G H Ravikumar

DRT27 Aug 2026OA/2251/2024

Case brief

AI extract

What is this about?

In an original application filed by Canara Bank against two borrowers for recovery of a housing loan of approx. Rs. 28 lakhs, the Tribunal confirmed the applicant's evidence was uncontroverted due to defendants' ex parte appearance. The Tribunal allowed the application, directing recovery of the principal amount with interest calculated at a reduced rate of 8% p.a.

What did the court decide?

Recovery Certificate issued for Rs. 27,98,111/- plus 8% simple interest p.a. from filing date, recoverable from defendants jointly, severally and personally, and against schedule properties.

Canara Bank versus G H Ravikumar — Banking and Recovery | DRT (2026)

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IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA AT BENGALURU

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Dated this 27^th Day of August, 2026

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Present: Sri. T. RAJESH Presiding Officer OA.No.2251/2024

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BETWEEN:

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Canara Bank Branch office at: Ashok Arcade, KHB Colony, Gopala Main Road, Shivamogga District Represented by its Senior Manager

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Sri. Kusuru Dinesh …APPLICANT

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AND:

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Sri. G H Ravikumar S/o. G Haleshappa Aged about 45 years R/at: 14/5, 3^rd Cross, 60 ft road, Vinoba Nagar, Shivamogga – 577 204

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Smt. Amrutha B R W/o. G H Ravikumar Aged about 37 years R/at: 14/5, 3^rd Cross, 60 ft road,

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Vinoba Nagar, Shivamogga – 577 204 ...DEFENDANTS

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Counsel on record/appeared for:

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Applicant : Bapu Vishnu Defendants : 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

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OA-2251/2024

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seeking for issuance of Recovery Certificate against the defendants for Rs 27,98,111/- (Rupees Twenty-Seven Lakhs Ninety-Eight Thousand One Hundred and Eleven 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 defendants are availed a housing loan of Rs. 38,80,000/- (Rupees Thirty-Eight Lakhs Eighty Thousand Only) for house construction purpose.

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It is also the case of the applicant that, in view of the above availed loan, the defendants 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 defendants 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 defendants, they failed to appear, resulting the defendants being set ex parte on 01.04.2025.

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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-06 and got the same marked in evidence.

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Heard the Ld. Counsel for the Applicant and considered the

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OA-2251/2024

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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 defendants? 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 defendants 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,

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and the defaults committed in the accounts. The liability of the defendants 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

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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

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OA-2251/2024

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by calculating interest at the agreed rate, this Tribunal is of the view

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that the OA can be allowed with a reduced interest of 8.00% (simple).

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In the result, OA.No.2251/2024, stands allowed,

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

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Rs. 27,98,111/- (Rupees Twenty-Seven Lakhs Ninety-Eight Thousand

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One Hundred and Eleven Only) with further interest @8.00% p.a.(simple) from the date of filing OA till the realization, from the defendants jointly, severally and 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 defendants jointly, severally and personally and their 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 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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OA-2251/2024

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

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Final Order.

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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 27^th Day of August, 2026].

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Sd/-

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(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: Veeraraghavan R, S/o. Rajan A, Chief Manager, of Applicant

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Bank.

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Exhibits on the part of the Applicant:

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Exhib its	Documents
A1	Application for home loan under Pradhan Mantri Awas yojana dated 02.09.2020
A2	Housing loan proposal the under PMAY of Shri Ravikumar G H & Smt. Amrutha B R Rs. 38.80 lakhs dated 29.09.2020
A3	NF 981-HousingLoan agreement dated 09.10.2020
A4	Memorandum of deposit of title deeds dated 12.10.2020
A5	Legal notice dated 23.08.2020
A6	Copy of the statement of account certified under bankers’ book of evidence act, showing the outstanding liability under housing loan account no. 5946630000039
Witness	Examined for the Defendants: -Nil -
List of D	ocuments Exhibited for the Defendants: -Nil -

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Sd/-

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(T. RAJESH) PRESIDING OFFICER

Canara Bank v. G H Ravikumar

Case brief

What is this about?

What did the court decide?

Canara Bank v. G H Ravikumar

Case brief

What is this about?

What did the court decide?

What the court decided

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