Allowed

Canara Bank v. Joel Paul Williams

DRT28 Jan 2026OA/840/2023

Case brief

AI extract

What is this about?

DRT allowed Canara Bank's Application under Section 19 RDB Act for issuance of a Recovery Certificate against defaulting home loan borrowers. The Defendants appeared ex parte. The Tribunal confirmed the debt but ordered interest reduced to 8% p.a.

What did the court decide?

Recovery Certificate issued for Rs. 80,52,411/- plus further interest at 8% p.a. (Simple) from date of application till realization; costs awarded to Applicant.

Canara Bank versus Joel Paul Williams — Consumer Protection | DRT (2026)

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IN THE DEBTS RECOVERY TRIBUNAL II, BENGALURU

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Dated this 28^th Day of January, 2026

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Present: Sri. T. RAJESH Presiding Officer OA.No.840/2023

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BETWEEN:

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Canara Bank

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NRI Branch, BSNL Complex, SV Road, Bangalore- 560001

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…APPLICANT

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AND:

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Mr. Joel Paul Williams S/o. Gnanayutham R/at: No.31, 13^th Main Road, Jagruthi Colony, J.P Nagar, 7^th Phase, Pvtienalhalli City, Bengaluru- 560078

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Mrs. Sumitha W/o. Joel Paul Williams R/at: No.31, 13^th Main Road, Jagruthi Colony, J.P Nagar, 7^th Phase, Pvtienalhalli City, Bengaluru- 560078

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M/s Cyma Investments Pvt Ltd. Rep by its Director Gopal P Shinde Office at: No.204, Rajanigandha Garden Apartments, 21^st Vittal Malaya Road, Bengaluru- 560001

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M/s Parth Constructions Pvt Ltd Rep by its Director

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OA 840-2023

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Gopal P Shinde Office at: No.258, Rajanigandha Garden Apartments, 21^st Vittal Malaya Road, Bengaluru- 560001

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B. Lingappa S/o. B Boraiah R/at: No.10, Lingappa Block, Ramakrishnaiah Street, Seshadripuram, Bengaluru- 560010

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Prema W/o. B. Lingappa R/at: No.10, Lingappa Block, Ramakrishnaiah Street, Seshadripuram, Bengaluru- 560010

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Chaitra D/o. B Lingappa R/at: No.10, Lingappa Block, Ramakrishnaiah Street, Seshadripuram, Bengaluru- 560010

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Harsha S/o. B Lingappa R/at: No.10, Lingappa Block, Ramakrishnaiah Street, Seshadripuram, Bengaluru- 560010

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...DEFENDANTS

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Counsel on record/appeared for:

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Applicant : C Vinay Swamy Defendants : Exparte

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FINAL ORDER

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The present Original Application in short (OA) has been

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filed under section 19 of Recovery of Debts and Bankruptcy Act

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OA 840-2023

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1993 seeking issuance of Recovery Certificate

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Rs.80,52,411/- (Rupees eighty lakh fifty two thousand four hundred and eleven only) with further interest thereon from the date of filing the Application till realization from the Defendants.

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It is the case of the applicant that the defendants availed the Housing loan credit facilities of Rs.80,90,000/- (Rupees eighty lakhs ninety thousand only) from the applicant bank.

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It is also the case of the applicant that, in view of the above amount financed, the defendant executed necessary loan documents along with sanction letter, guarantee agreement in favor of the applicant bank. Further, the defendants jointly entered into a Tripartite agreement dated 04.04.2019 with the applicant bank.

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It is further contended that, the defendant despite availing the credit facility, agreeing to service the loan account promptly and regularly, failed in complying the same, resulting in defaults 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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OA 840-2023

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Despite, service of summons on the defendants, they failed to appear, resulting the defendants being set exparte on 13.03.2025.

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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-9 and got the same marked in evidence.

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Heard the Ld. Counsel for the Applicant and considered the contentions as taken in the OA in the light of documentary evidence and the 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

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OA claim as against the defendant?

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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

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remains unrebutted as defendant remained exparte. The evidence tendered by the applicant remains uncontroverted and undisputed. The evidences put forth by the applicant were found

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admissible and are sufficient to prove availment of credit

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OA 840-2023

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facilities as stated in the OA and execution of tripartite agreement agreeing the defaults committed in the account. The liability of the defendants and the claim as 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, this Tribunal find both these issues in favour of applicant and hence

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this Tribunal is of the view that OA is to be allowed.

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Taking into consideration the facts that the credit facilities are availed by defendants for Housing loan purpose and also that

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OA claim is arrived at by calculating interest at the agreed rate,

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this Tribunal, in view of the OA can be allowed with a reduced interest @8% p.a.(Simple).

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In the result, OA.No.840/2023, stands allowed,

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i) The applicant is allowed to recovery an aggregate

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sum of Rs.80,52,411/- (Rupees eighty lakh fifty two thousand

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four hundred and eleven only with further interest @8% p.a. (Simple),

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from the date of filing OA till the realization, from the defendants

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OA 840-2023

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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 proceedings against the defendants jointly, severally and personally and their assets including the schedule property. Properties schedule to the OA be the schedule to the recovery certificate.

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ii) The applicant bank is allowed cost of the

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proceedings which applicant to file cost memo within 7 days from the date of receipt of the order.

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iii) The Recovery Certificate to be drawn in terms of this

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order and transferred to Recovery for execution.

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iv) Interim application pending, if any, stands disposed of in terms of this final order.

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Communicate a copy of the order to the parties concerned

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in terms of Section 19(21)(i) of the RDB Act, read with Rule 16

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of DRT (Procedure) Rules, 1993.

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[Dictated to the Stenographer (JV), transcribed by him, corrected and signed and pronounced by me in the Open Court, this the 28^th day of January, 2026].

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Sd/ (T. RAJESH)

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PRESIDING OFFICER

OA 840-2023

ANNEXURES

WITNESSES EXAMINED FOR THE APPLICANT BANK:

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AW-1: Sri. Madeshwaran. M, Manager, of Applicant Bank.

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Exhibits on the part of the Applicant:

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Exhibit Nos.	Date	Particulars of Documents
A1	25.03.2019	Application cum appraisal form
A2	29.03.2019	Sanction letter
A3	04.04.2019	Tripartite agreement entered
A4	04.04.2019	Housing loan agreement
A5 & A6	04.04.2019	Guarantee agreement along with the cover
A7 & A8		Legal notice and postal receipts/ acknowledgements and returned covers
A9		Statement of accounts

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Witness Examined for the Defendant: -Nil - List of Documents Exhibited for the Defendant: -Nil -

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Sd/ (T. RAJESH) PRESIDING OFFICER

Canara Bank v. Joel Paul Williams

Case brief

What is this about?

What did the court decide?

Canara Bank v. Joel Paul Williams

Case brief

What is this about?

What did the court decide?

What the court decided

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