The Debts Recovery Tribunal allowed the applicant bank's ex-parte application under Section 19 RDB Act. The court found the claim for Rs. 25,53,455.20 established but reduced the interest rate to 6% p.a. due to the agricultural purpose of the loan.
Recovery Certificate issued for Rs. 25,53,455.20 with 6% p.a. simple interest, recoverable from defendants 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 8th Day of May, 2026
Present: Sri. T. RAJESH Presiding Officer
OA. No.310/2025
BETWEEN:
Canara Bank Halebeedu Branch Taluk Belur, Dist. Hassan-573121 Through its Chief Manager Mr. Pronojit Sarkar
… APPLICANT
AND:
...DEFENDANTS
Counsel on record/appeared for:
Applicant : Sri. Venu K V Defendants : Exparte
:FINAL ORDER:
OA. No.310/2025
2
under section 19 of Recovery of Debts and Bankruptcy Act 1993 for seeking issuance of Recovery Certificate against the defendants for Rs.25,53,455.20 (Rupees Twenty Five Lakh Fifty Three Thousand Four Hundred Fifty Five and Twenty Paisa only) with further interest thereon from the date of filing the Application till realization from the Defendants.
OA. No.310/2025
3
Both these issues are gone into and decided together.
remains unrebutted as defendants remained exparte. 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 security interest as claimed by the
OA. No.310/2025
4
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.
issues raised in this manner, this Tribunal is of the view that OA is liable to be allowed.
were availed for agricultural purpose and also that OA claim is arrived at by calculating interest at the agreed rate, this Tribunal in view of the OA can be allowed with a reduced interest of 6.00%
p.a.(simple).
of Rs.25,53,455.20 (Rupees Twenty Five Lakh Fifty Three Thousand Four Hundred Fifty Five and Twenty Paisa only) with further interest of 6.00% p.a.(simple) from the date of filing OA till the realization from the defendants, 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
OA. No.310/2025
5
defendants jointly, severally and personally and also 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 found sufficient to cover
the amount due and payable to the applicant bank, the defendants
jointly, severally and personally and their other assets are liable for all such amounts due under the loan accounts.
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.
in terms of Section 19(21)(i) of the RDB Act, read with Rule 16 of
DRT (Procedure) Rules, 1993.
[Dictated to the Stenographer (PR), transcribed by her, corrected and signed and pronounced by me in the Open Court, this the 8th Day of May 2026].
Sd/(T. RAJESH) PRESIDING OFFICER
OA. No.310/2025
6
ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK:
AW-1: Sri. Prakash A, Officer of the applicant bank.
Exhibits on the part of the Applicant:
| Sl. No. |
Description of Documents | Exhibit Number |
|---|---|---|
| 1 | Sanction memorandum dated 12.09.2014 | A1 |
| 2 | Agreement and deed of hypothecation for kissan credit card dated 12.09.2014 |
A2 |
| 3 | Simple mortgage dated 09.09.2014 along with deed of rectification dated 22.07.2015 |
A3 |
| 4 | Letter of Revival dated 06.10.2016 | A4 |
| 5 | Letter of Revival dated 27.11.2018 | A5 |
| 6 | Letter of Revival dated 04.6.2021 | A6 |
| 7 | Letter of revival dated 25.09.2023 | A7 |
| 8 | Sanction memorandum dated 23.09.2014 | A8 |
| 9 | Agreement and deed for kissan OD dated 23.09.2014 executed bydefendant |
A9 |
| Simple mortgage deed dated 18.09.2014 align | ||
| 10 | with deed of rectification deed dated 22.07.2015 |
A10 |
| 11 | Letter of revival dated 17.10.2016 | A11 |
| 12 | Letter of revival dated 27.11.2018 | A12 |
| 13 | Letter of revival dated 04.06.2021 | A13 |
| 14 | Letter of revival dated 04.06.2023 | A14 |
| 15 | Legal notice dated 04.11.2024 | A15 |
| True extract of statement of accounts |
||
| 16 | pertaining to the defendant aforesaid loan accounts No.0552840014226 |
A16 |
OA. No.310/2025
7
| True extract of statement of accounts |
||
|---|---|---|
| 17 | pertaining to the defendant aforesaid loan account No.0552897000309 |
A17 |
| 18 | Combined statement showing total outstanding liabilities |
A18 |
| 19 | Certificate under section 2a of banker’s book evidence act,1891 |
A19 |
Sd/-
(T. RAJESH)
PRESIDING OFFICER
2 issues framed by the court
Whether the applicant succeeded in proving the OA claim against the defendants?
What order is to be passed in the matter?
1 provisions across 1 enactments
Canara Bank Halebeedu Branch
Jagadeesh M.S
Renuka
T. RAJESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
