The Tribunal allowed the applicant bank's original application for a recovery certificate against a defaulter who obtained an agricultural loan and appeared ex parte. The court granted recovery with reduced simple interest.
Recovery certificate ordered for Rs 38,16,539.81 plus 6% simple interest from filing; execution against personal assets and schedule 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 20th Day of August, 2026
Present: Sri. T. RAJESH Presiding Officer OA.No.2801/2025
BETWEEN:
Canara Bank Bellatti Branch, No. CTC 181/1, Nehrunagar, Bellatti (VIII), Shirahatti Talku, Gadag District – 582 112
Represented By Its Branch Manager Sri. Narasimha Raj …APPLICANT
AND:
Smt. Sharakka Patil W/o. Thirakanagouda Aged about 69 years R/at: Devihal Village, Shirahatti Taluk, Gadag District – 582 112 ...DEFENDANT
Counsel on record/appeared for:
Applicant : M Mohan Rao Defendant : Ex parte
FINAL ORDER
under section 19 of Recovery of Debts and Bankruptcy Act 1993 seeking for issuance of Recovery Certificate against the defendant for Rs 38,16,539.81/- (Rupees Thirty-Eight Lakhs Sixteen Thousand Five
Hundred and Thirty-Nine and Paisa Eighty-One Only) with further
OA-2801/2025
2
interest thereon from the date of filing the Application till realization.
OA-2801/2025
3
claim as against the defendant?
ii) What order are to be passed?
Both these issues are gone into and decided together.
find both these issues are in favour of applicant and hence, this
Tribunal is of the view that OA is to be allowed.
availed for Agricultural purpose and also that the OA claim is arrived at by calculating interest at the agreed rate, this Tribunal is the view that the OA can be allowed with a reduced interest of 6.00% (simple).
OA-2801/2025
4
38,16,539.81/- (Rupees Thirty-Eight Lakhs Sixteen Thousand Five Hundred and Thirty-Nine and Paisa Eighty-One Only) with further interest @6.00 % p.a.(simple) from the date of filing OA till the realization, from the date of filing OA till the realization, from the defendant personally, 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 the schedule properties. Properties 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 assets are liable for all such 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.
OA-2801/2025
5
v) Interim application pending, if any, stands disposed of in
terms of this final order.
14. Communicate a copy of the order to the parties concerned in
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 20th Day of August, 2026].
Sd/-
(T. RAJESH) PRESIDING OFFICER
ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK:
AW-1 Sri. Hukumchand, S/o. Sri. Ambadas, Branch Manager, of Applicant Bank.
Exhibits on the part of the Applicant:
| Exhi | Date | Particulars |
|---|---|---|
| bits | ||
| A-1 | 28.06.2016 | Loan application |
| A-2 | 28.06.2016 | Agreement and deed of hypothecation for Kissan credit card |
| A-3 | 22.06.2016 | Simple mortgage deed executed by defendant in favour of the applicant bank |
| A-4 | --------- | Statement of account |
Witness Examined for the Defendant: -Nil -
List of Documents Exhibited for the Defendant:
-Nil -
Sd/-
(T. RAJESH) PRESIDING OFFICER
2 issues framed by the court
Whether the applicant succeeded in proving the claim against the defendant absent?
What order is to be passed regarding the recovery certificate and interest?
1 provisions across 1 enactments
Canara Bank Bellatti Branch
T. RAJESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
