Debts Recovery Tribunals and Appellate Tribunals
CANARA BANK vs Mr Doddesha Manappa Lamani on 7 December 2019
**IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA
AT BENGALURU**
Dated this the 7<sup>th</sup> day of December, 2019
**Present: Shri K Ravindran Nair**
**Hon`ble Presiding Officer**
**Incharge-DRT-II**
**T.A.No.1847/2017**
**(O.A.No.2345/2016-DRT-I)**
**BETWEEN:**
**Canara Bank**
Shirahatti Branch
Gadag District, Hubli Circle
Shirahatti-582 120, Karnataka
**Represented by its Sr.Manager**
**Ms.Shabnam M Adhoni**
D/o Mr.Mohammad Iqbal
** ...APPLICANT**
**AND:**
**1) Mr.Doddesha Manappa Lamani**
S/o Mr.Manappa Lamani
R/at: Adaralli, Shirahatti Taluk
Gadag District-582 116
**2) Mr.Gurappa Meteppa Lamani**
**Since deceased rep.by his LRs.**
**2(a) Smt.Piravva Guruppa Lamani (Spouse)**
**2(b) Sri Somanna Gurappa Lamani (Son)**
**2(c) Ms.Lakashmavva (Daughter)**
All are r/at: 'Lamani House, Tarikoppa
Sevanagar, Shirahatti Taluk
Gadag District-582 11
** ....DEFENDANTS**
**Counsels on record/appeared for:**
**Applicant : Sohani Holla M**
**D1, D2(a) to (c) : Ex-parte**
2T.A.1847/2017 in O.A.No.2345/2016**FINAL ORDERS**
The present Application came to be registered on 10.03.2016 on the basis of jurisdictional transfer and renumbered as Transfer Application No.1847/2017 under Section 19 of the Recovery of Debts &, Bankruptcy Act, 1993, seeking recovery of an amount of Rs.11,57,943/- (Rupees eleven lakh fifty-seven thousand nine hundred and forty-three only) from the Defendants together with interest and cost.
2. The case of the applicant bank is that defendant 1 had approached the applicant bank seeking financial assistance for the purchase of Tempo trax vehicle. The applicant bank considered their request and sanctioned (i) LHV loan of Rs.4,12,000/- and (ii) GCCS of Rs.25,000/- vide sanction letters dated 25.11.2008 and 06.10.2008 respectively. Defendants have executed necessary documents in favour of the applicant bank. The defendantn No.2 as a co-obligant had deposited the title deeds of the prperty mentioned in the schedule 'A'. After availing the loans, the defendants failed to regularize the loan account and also failed to pay the installments, they did not come
forward to repay the balance outstanding. It is further stated that the defendant No.2-Gurappa Meteppa Lamani co-obligant died on 29.10.2015 and his legal heirs were brought on record as defendant No.2(a) to defendant No.2(c). The Applicant bank has issued legal notice dated 18.02.2016 to the defendants, for which the defendants have not taken any steps to clear the dues. Hence, the O.A was filed and now numbered as TA.1847/2017. The applicant bank has produced the documents in favour of its case viz., loan applications, sanction letters, covering letters to guaranteee, guarantee agreements, deeds of hyptoehcation, letter of undertaking, record of rights, extract of mutation, encumbrance certificate, legal notice, certified copies of account extracts etc.
3. Further the defendants agreed to repay the above loans with variable rates of interest, as applicable from time to time as per the directions of the Head Office/Central Office of the Applicant Bank and penal interest in case of default and to keep the account regular by paying installments as and when due to
the satisfaction of the Applicant Bank, as detailed in the OA by the Applicant Bank.
4. The defendants after utilizing the entire loan proceeds for the above said purpose have failed to make the repayments of the loan dues as agreed, not serviced the interest thereon as per the terms and conditions agreed by them and became chronic defaulters and hence, the recovery process is initiated against the defendants to recover the dues.
5. In the light of these factors, it is contended by the Applicant Bank that, Defendants are liable to pay a sum of Rs.11,57,943/- (Rupees eleven lakh fifty-seven thousand nine hundred and forty-three only) .
6. After filing the OA, summons were sent through RPAD and same were served on defendant No.2(a), summons sent to defendant No.1 and defendant No.2(b) and (c) were returned with postal shara as 'not in village'. Thereafter paper publications were made, when defendant No.1 and defendant No.2(b) and (c)
were called out, they remained absent and hence, were placed ex parte.
7. To prove the case of the Applicant Bank, its Manager, Mr. Sangabasappa, S/o Sri Mallappa, has filed his affidavit by way of evidence and same was considered as evidence of AW-1 and marked at Ex. A-1 and list of documents came to be marked as Ex.A-2 and 34 documents came to be marked as Ex.A-3 to Ex.A-36.
8. No evidence on behalf of the Defendants.
9. Arguments of Learned Counsel for the Plaintiff/ applicant bank heard and perused the records of the case.
10. Following points arise for my consideration:
- a) Whether Plaintiff/applicant bank proves its case as contended in the plaint/application?
- b) What order?
11. For the following reasons, I answer the above referred points in the following manner:
**REASONS**
12. Mr. Sangabasappa, S/o Sri Mallappa, Manager of the
applicant bank came to be examined as AW-1. His affidavit by way of evidence reiterates the facts pleaded in the plaint and his affidavit is also corroborated by the above referred Ex.A-3 to Ex.A-36 which clearly establish the case of the applicant bank to allow the present TA. Added to this, the defendants remained absent, hence it is to be construed that the defendants have admitted the entire case pleaded by the applicant bank as sought in the present TA.
13. Therefore, for these reasons, present TA is to be allowed with costs as sought by the applicant bank.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
**:ORDER:**
Present TA stands allowed with costs.
Defendant No.1 shall be personally liable and Defendants 2(a) to (c) shall be liable to the extent of assets inherited from Late Gurappa Meteppa Lamani (Defendant No.2) to pay Rs.11,57,943/- (Rupees eleven lakh fifty-seven thousand nine hundred and forty-three only), out of which Rs.10,90,841/- towards the loan under LHV with interest at the rate of 17.45% p.a and Rs.67,102/- towards loan under GCCS with interest at the rate of 14.45% p.a., both compounded half yearly, from the date of application till the date of final realization, as sought by the Applicant Bank in the TA.
In the event of failure of Defendants to pay the said TA amount, the applicant bank is at liberty to sell the mortgaged immovable properties as described in the Schedule-A of the main petition in accordance with law as sought by the applicant bank in the TA.
The applicant bank is at liberty to proceed against the person and other properties of defendant No.1 and defendant No.2(a) to defendant No.2(c) are liable to the extent of assets inherited from deceased Gurappa Meteppa Lamani (Defendant No.2) as required under law and also as advised.
Applicant Bank shall file fresh Memo of calculation of TA amount together with interest, costs etc., to be paid by Defendants duly taking into account the amount/s if any paid by the Defendants and/or amount realized by sale of assets, etc., during the intervening period after filing the TA, to enable the office to prepare Recovery Certificate for the amount to be paid by the Defendants to the Applicant Bank.
Office is directed to issue Recovery Certificate.
(Dictated to the Stenographer, after its transcription and necessary corrections, signed and pronounced by me in the Open Court on this the 7<sup>th</sup> day of December, 2019)
**(K. Ravindran Nair)** **Presiding Officer** **I/C - DRT II, Bengaluru**
9T.A.1847/2017 in O.A.No.2345/2016**ANNEXURES:****LIST OF WITNESSES EXAMINED ON BEHALF OF APPLICANT-BANK:**
AW.1 – Mr.Sangabasappa, S/o Sri Mallappa Manager of Applicant bank **LIST OF DOCUMENTS MARKED ON BEHALF OF APPLICANT BANK:**
Ex.A1 : Affidavit of AW.1 Ex.A2 : List of documents Exs.A3 – A.36 : 34 documents
**LIST OF WITNESSES EXAMINED ON BEHALF OF DEFENDANTS :**
- NIL -
**LIST OF DOCUMENTS MARKED ON BEHALF OF DEFENDANTS:**
-NIL-
**(K Ravindran Nair)**
Presiding Officer I/c-DRT-II, Bengaluru
c/
This image is a scan of a blank white page. It contains no text or figures. There are a few small, dark specks near the top right corner, likely due to dust or scanning artifacts. A faint vertical line is visible on the left side, and some very light blueish tinting is present at the bottom edge.