The Debt Recovery Tribunal allowed an application for a recovery certificate under Section 19 RDB Act against a defendant who defaulted on a horticultural loan. The debtor did not appear. Interest was reduced to 6%.
Recovery Certificate to be drawn for Rs. 62,58,365/- with 6% interest p.a. executable against personal assets and schedule properties.
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 08th Day of May, 2026
Present: Sri. T. RAJESH Presiding Officer OA.No.524/2024
BETWEEN:
Canara Bank Head office at: No. 112, JC road, Bangalore – 560 002 Branch office at: No.5-1-282/3-1A, Opposite government hospital, PB No. 17, Sindhanur, Raichur District – 584 128 Rep. by its Chief manager Sri. Satyanarayana Tatikonda …APPLICANT
AND:
Sri. Somashekhargouda S/o. Hanumanagouda Aged about 56 years Residing at: Mavinmadu, Sindhanur taluk, Raichur district, Karnataka – 582 114 ...DEFENDANT
Counsel on record/appeared for:
Applicant : HSR & Associate 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 62,58,365/- (Rupees Sixty-Two Lakhs Fifty-Eight Thousand Three
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Hundred and Sixty-Five Only) with further interest thereon from the date of filing the Application till realization.
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ii) What order are to be passed?
Both these issues are gone into and decided together.
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The applicant is allowed to recover an aggregate sum of Rs.
62,58,365/- (Rupees Sixty-Two Lakhs Fifty-Eight Thousand Three Hundred and Sixty-Five Only) with further interest @6.00 % p.a.(simple) 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 his 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.
v) Interim application pending, if any, stands disposed of in terms of this final order.
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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 08th Day of May, 2026]. Sd/-
Sd/-
(T. RAJESH) PRESIDING OFFICER
ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK:
AW-1 Pradeep Kumar E V, S/o. E Thulasinaik, Manager, of Applicant Bank.
Exhibits on the part of the Applicant:
| Exhibit | date | Particulars of Documents |
|---|---|---|
| Nos. | ||
| A1 | 24.06.2016 | Loan Application submitted by the defendant to the applicant bank |
| A2 | 24.06.2016 | Sanction memorandum issued by the applicant bank |
| A3 | 24.06.2016 | Memorandum of agreement for agricultural loans executed by defendant in favour of the applicant bank |
| A4 | 19.06.2016 | Simple mortgage deed executed by defendant and the defendant in favour of the applicant bank |
| A5 | 24.06.2016 | Particulars of vehicles machinery/equipment/livestock etc. hypothecated in favour of the applicant bank |
| A6 & A7 |
15.06.2019 15.06.2022 |
Letter of revival executed by defendant in favour of the applicant bank |
| A8 | -------- | Certified account extract of defendant maintained by the applicant bank in respect of horticulture plantation loan |
| Wit | ness Examin | ed 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 had succeeded in proving the OA claim as against the defendant?
What order are to be passed?
1 provisions across 1 enactments
Canara Bank
T. RAJESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
