CANARA BANK vs MRS.ARSHIYA BEGUAM on 30 April 2026

**FINAL ORDER**

2TA No.5 /2024

The present TA has been filed by the Applicant Bank under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993, seeking recovery of money of **Rs.69,14,923.77/- (Rupees Sixty Nine Lakhs Fourteen Thousand Nine Hundred Twenty Three and Paise Seventy Seven Only)** together with costs, interest, etc.

2. The case of the Applicant Bank is that, the Defendant No.1 is borrower and 2^nd defendant as joint applicant/Co-Obligator/Guarantor had approached the Applicant Bank for housing loan facility. Accordingly, the Applicant Bank has considered the request of the Defendants and sanctioned the financial assistance loan facility of Rs.56,25,000/- on 28.11.2019 and Defendants agreed to repay the loan within 300 months in 300 EMIs of Rs.43,788/- along with the interest at the rate of 8.10% p.a. and also agreed to pay penal interest at the rate of 2% p.a. in case of default in payment, as per terms of the loan agreements. In order to secure the loan, the Defendants have executed various documents, viz., loan application along with specimen signature card, sanction memorandum, housing loan agreement along, irrevocable mandate for deduction of loan, etc., 3TA No.5 /2024

3. The Defendants after utilising the said loan has failed and neglected to make the repayment of the loan dues as agreed and Defendants had not serviced the interest thereon as per the terms and condition agreed by the Defendants. In view of the continued default, the loan account was classified as Non-Performing Asset on **06.03.2023**. Thereafter, the Applicant Bank has issued Demand Notice on **30.03.2023** and called upon the Defendants to repay the entire loan dues. In spite of receipt of repeated reminders of notice, the Defendants had failed to pay the outstanding dues and hence the recovery process is initiated to recover the dues.

4. In the light of these factors, it is contended by the Applicant Bank that Defendants are liable to pay a total sum of **Rs.69,14,923.77/- (Rupees Sixty Nine Lakhs Fourteen Thousand Nine Hundred Twenty Three and Paise Seventy Seven Only)**.

5. After filing this TA, summons were sent to the Defendants through RPAD. Summons sent to the Defendants returned with postal remarks **"Insufficient Address"**. Thereafter, the Applicant Bank has published the summons to the Defendants on 18.06.2025, in English and vernacular 4TA No.5 /2024

language in Local newspapers, viz., – "**The New Indian Express** (English Edition)" and "**Samyuktha Karnataka**".

When the Defendants were called out, found absent and hence, placed ex parte.

6. To prove the case of the Applicant Bank, its Officer, Sri. Thrinnadha Rao Vengala, has filed his affidavit by way of evidence and the same was considered as evidence of AW.1 and marked at Ex.A1 and list of documents came to be marked at Ex.A2 and 21 documents came to be marked at Ex.A3 to A23.

7. No evidence on behalf of the Defendants.

8. Arguments of Learned Counsel for the Plaintiff/Applicant Bank heard and perused the records of the case.

9. Following points arise for my consideration

1. 1) Whether Plaintiff/Applicant Bank proves its case as contended in the plaint/application?

2. 2) What Order?

10. For the following reasons, I answer the above-referred points in the following manner:

**REASONS**

5TA No.5 /2024

11. The Officer of the Applicant Bank came to be examined as AW.1. His affidavit by way of evidence reiterated the facts pleaded in the plaint and his affidavit is also corroborated by the above-referred Ex.A3 to A23 which clearly establish the case of the Applicant Bank to allow the present TA. Added to this, the Defendants have remained absent, hence it is to be construed that Defendants have admitted the entire case pleaded by the Applicant Bank in the present TA.

12. Therefore, for these reasons, present TA is to be allowed with costs as sought by the Applicant Bank.

ORDER

Present TA stands allowed, with interest and costs.

Defendants are jointly and severally liable to pay the Applicant Bank a sum of **Rs.69,14,923.77/-** with the pendent lite and future interest at the rate of 9.30% p.a. from the date of Application till date of realization.

In the event of failure of the Defendants to pay the said TA amount, the Applicant Bank is at liberty to sell the Schedule-A property and Schedule-B property and Schedule-C property as mentioned in the main application of the TA, in accordance with law as sought by the Applicant Bank in the TA.

6TA No.5 /2024

In spite of sale of the Schedule property as mentioned in the main application of the TA, if the TA amount is not fully realized, then the Applicant Bank is at liberty to proceed against the persons and other properties of the Defendants in accordance with law.

The Schedule of the TA shall be appended to this final order.

Applicant Bank shall file latest 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 as sought by the Applicant Bank in the TA and do the needful as required under the law forthwith.

The Office is directed to issue, as far as possible, free copy of this order to the parties concerned.

7TA No.5 /2024

(Dictated to the Stenographer, after its transcription and necessary corrections, signed and pronounced by me in the Open Court on this the 30^th of April, 2026)

**(Imtiaz Ali)** **Presiding Officer** **DRT-I, Bengaluru**

**ANNEXURES**

**Witness Examined for the Applicant Bank:**

AW-1 : Sri. Thrinnadha Rao Vengala : The Officer of the Applicant Bank

**List of Documents Exhibited for the Applicant Bank:**

Ex.A-1 : Affidavit of AW-1 Ex.A-2 : List of Documents Ex.A-3 : Loan Application along with Specimen Signature Card Ex.A-4 : Sanction Memorandum Ex.A-5 : Housing Loan Agreement along with Annexure to Housing Agreement Ex.A-6 : Irrevocable Mandate for Deduction of Loan Instalment Ex.A-7-A8 : Link letter to be obtained when disbursement is made on a subsequent day and Link letter Ex.A-9 : Request for HL Disbursement Ex.A-10 : Affidavit-cum-Undertaking Ex.A-11-A12 : Mortgage Deed and Sale Deed Ex.A-13-A16 : Demand Notice Ex.A-17-A19 : Possession Notice Ex.A-20 : Symbolic Possession Photos 8TA No.5 /2024

Ex.A-21 : Paper Publication Ex.A-22 : Computerized Statement of Account Ex.A-23 : Certificate Certified under the Bankers Book Evidence Act.

**Witness Examined for the Defendants:**

- Nil -

**List of Documents Exhibited for the Defendants:**

- Nil -

**(Imtiaz Ali)** **Presiding Officer** **DRT-I, Bengaluru**

**.KP.**

9TA No.5 /2024SCHEDULE 'A' PROPERTY

All that piece and parcel of property residentially converted land measuring 2 Acres 8 Guntas in Sy No.108/3 (previously portion of Sy. No.108/2), Kachanayanakanahalli Village, Jigani Hobli, Anekal Taluk, Bengaluru Dist., bearing RDPR No.150200103200820885, property No. 522/108/3, situated at Kachanayanakanahalli Village, Hennagara Village Panchayat, Anekal Block, Bengaluru Dist. (Land converted for non-agricultural residential purposes vide Official Memorandum dated 11-11-1992 vide No. B/DIS/ALN/SR (A) 103/1988-89, issued by Special Deputy Commissioner, Bengaluru) and bounded on:

East by : Land in Sy.No. 108/2, West by : Road, carved out of Kharab Land, North by : Road carved out of Kharab Land South by : Tank Bed.

**SCHEDULE 'B' PROPERTY** (Undivided share right, title and interest of land conveyed under this Sale Deed) 10 400 Sq.ft of undivided share, right, title and interest of land in the Schedule 'A' Property.

**SCHEDULE 'C' PROPERTY** (Apartment Conveyed under the Sale Deed)

All that piece and parcel of the property bearing Flat No. BE-301, totally measuring a super built up area of 1089 Sq.ft., in the Third Floor in 'E' Block along with One Covered Car Parking Space in the Basement /Surface/Stilt Floor numbered as BE-301 along with 400 Sq.ft., of undivided interest in land comprising in Schedule- A Property is one of such apartment unit/flat in the said Apartment Building "GARDEN RESIDENCY" situated at Kachanayakanahalli Village, Jigani Hobli, Anekal Taluk, Bengaluru Dist., Bengaluru and bounded on:

<table><tbody><tr><td>East by :</td><td>Residential apartment privately numbered as BE-302 in the First Floor of 'B' Block</td></tr><tr><td>West by :</td><td>Common Staircase area.</td></tr><tr><td>North by :</td><td>Area Open to Sky of the Apartment Building</td></tr><tr><td>South by :</td><td>Common Corridor.</td></tr></tbody></table>

30.04.26 (Imtiaz Ali) Presiding Officer DRT-I, Bengaluru