CANARA BANK vs Govindegowda on 31 December 2024

1. Sri. Govindegowda, Aged about 79 years, S/o. Late Govindegowda,

2. Smt Sarojamma, Aged about 67 years, W/o Narasaiah @ Narasegowda,

3. Sri. Prasanna Kumar, Major, S/o Govindegowda,

The Defendant Nos. 1 & 3 are Residing at No. 54, Patlu Village, Kasaba Hobli,

2MA No. 7/2024

Channapatna Taluk, Ramanagara District.

4. Smt. Shylaja N, Aged about 45 years, D/o Smt. Sarojamma,

5. Sri. Shashidara N.S., Aged about 45 years, S/o Smt. Sarojamma,

6. Sri. Surendra.N, Aged about 43 years, S/o Smt. Sarojamma,

The Defendant Nos. 2, 4 to 6 are Residing at Nagavara Village, Kasaba Hobli, Abbur Post, Channapatna Taluk, Ramanagara District.

**...RESPONDENT**

**Counsels on record/appeared for:**

<table> <tbody> <tr> <td>For Applicant Bank</td> <td>:</td> <td>M/s. HSR &amp; Associates'</td> </tr> <tr> <td>For Respondent</td> <td>:</td> <td>----</td> </tr> </tbody> </table>

**: ORDER ON MA.No.7/2024:**

The present Miscellaneous Application No. 07/2024 is filed by the applicant bank on 20.02.2024 seeking for amendment to the OA "Proposed Amendment – Replace the words "the liability of the Defendant Nos. 4 to 6" in place of "the liability of the Defendant Nos. 4 to 7".

2. The case as put forth by the applicant that they had filed OA NO. 1760/2019 against the defendants for recovery of a sum of Rs. 40,70,550/- (Rupees Forty Lakhs Seventy Thousand Five Hundred and Fifty Only) together with interest and other charges. Despite service of summons, the defendants remained absent and they are place ex-parte, the applicant bank led the evidence and marked Exhibits in the paper 3MA No. 7/2024

book. The OA was allowed on 03.10.2023 and the Recovery Certificate was issued on 30.11.2023.

3. The applicant bank submits that the Recovery Certificate sent for execution in accordance with law. The recovery officer pointed out discrepancy in the Recovery Certificate and notices that there are six certificate debtors, whereas the Order is passed against seven certificate debtors and insisted for proper amendment.

4. The applicant bank submits that originally the said typographical mistake occurred in the OA in the second sentence in Para 6 (a) i.e, instead of mentioning "the liability of the Defendant Nos. 4 to 6" by oversight mentioned as "the liability of the Defendant Nos. 4 to 7", the same mistake continued in the final order dated 03.10.2023 and also in Recovery Certificate.

5. The applicant bank submits that the above said typographical error occurred by oversight and the same is to be corrected by carrying out amendment to the OA. The applicant bank submits that the proposed amendment is too technical and the cause of action or nature of the OA will not change. If the Misc. Application is allowed, no hardship or injury will be caused to the Defendants as they are already remained Ex-parte. Hence, it is just and necessary to permit the Applicant Bank to carry out the mentioned proposed amendment to the OA.

*Heard and perused the records of the case.*

6. The records of the case reflects that the applicant bank has filed OA No. 1760/2019 for a recovery of a sum of Rs. 40,70,550/- 4MA No. 7/2024

(Rupees Forty Lakh Seventy Thousand Five Hundred Fifty Only) with interest and other charges.

7. It is seen that the applicant bank has filed the OA against 6 defendants who were all set Ex-parte and an Ex-parte order was passed on 03.10.2023.

8. However in the Relief column in OA No. 1760/2019 in para 6(a) the applicant has mentioned "the liability of the Defendant Nos. 4 to 7" only when there are 6 defendants.

9. The relevant relief column in Para 6(a) in OA No. 1760/2019 is extracted below:- *"Para 6(a):- that a Recovery Certificate be issued in favour of the Applicant Bank and against the Defendants No.1 to 3 on jointly and severely basis are liable to pay to the applicant Bank a total sum of Rs. 40,70,550/- (Rupees Forty Lakhs Seventy Thousand Five Hundred and Fifty Only) from the date of OA till the date of realization. The liability of the **Defendant Nos. 4 to 7** are confined to the extent of value of the Schedule Property or subject to Maximum of Original Application Amount."*

10. As there are only 6 defendants and the applicant bank has made a typographically error by mentioning "the liability of the Defendant Nos. 4 to 7" instead of "the liability of the Defendant Nos. 4 to 6". Accordingly the final order was passed with the same typographical error on 03.10.2023 and the Recovery Certificate was issued on 30.11.2023 with the same typographical error.

11. Since there will be no harm caused to the defendants (who remained Ex-parte) as the proposed amendment is technical, the 5MA No. 7/2024

Tribunal feels is only fair to allow the applicant bank to carry out the aforesaid amendment asked for by them.

12. Accordingly, MA No. 7/2024 is allowed, hereby directing the applicant bank to carry out the proposed amendment i.e, replace the words "**the liability of the Defendant Nos. 4 to 6**" in the place of "**the liability of the Defendants Nos. 4 to 7**" before the Registrar on or before 14.01.2025. Since the OA No. 1760/2019 has attained finality and a final order has been passed on 03.10.2023, the Tribunal directs the Registry of this Tribunal to make amendment in the Final Order. The amended final order in OA No. 1760/2019 be communicated to the concerned Recovery Officer for further action at their end.

*(Dictated to the Stenographer (Anu), after its transcription and necessary corrections, signed and Order is passed on this day 31^st Day of December, 2024)*

[IMTIAZ ALI] PRESIDING OFFICER I/c DRT-2, BENGALURU

APPENDIX

LIST OF DOCUMENTS PRODUCED BY THE APPLICANT BANK

<table border="1"> <thead> <tr> <th>Sl. No</th> <th>Description</th> <th>Annexure</th> </tr> </thead> <tbody> <tr> <td>1.</td> <td>Certified copy of the Final Order dated 03.10.2023 along with Recovery Certificate issued by this Hon'ble Tribunal</td> <td>A1</td> </tr> </tbody> </table>

[IMTIAZ ALI] PRESIDING OFFICER I/c DRT-2, BENGALURU