Debts Recovery Tribunals and Appellate Tribunals

KARNATAKA GRAMIN BANK vs CHANNEGOWDA on 31 December 2025

TA 03/2025

3257/2025 for amendment of CTC

AE filed and documents marked

Ex A - 1 Affidavit

Ex A - 2 List of documents

Ex A - 3 to A - 10 Marked in

Paper book of OA (Photocopies)

Post the case for arguments before

Hon'ble PO by 8/12/2025

Rf

2/12/2025

08/12/2025

- For Arguments

**08.12.2025**

Counsel for the Applicant Bank is present and filed IA No.3257/2025 for amendment of CTC and prays to allow the same.

Name of the Defendants are called out absent and hence, placed ex-parte.

Heard learned Counsel for the Applicant Bank.

IA filed by the Applicant Bank IA No.3257/2025 stands allowed. Applicant Bank is directed to carryout amendment and file amended OA within fifteen days from today before Registrar.

For orders, list the matter on 31.12.2025.

Page 1 of 4

**31.12.2025**

**31.12.2025**

TA.No.03/2025 stands allowed with pendent lite interest and costs, vide separate order.

Presiding Officer

**IN THE DEBTS RECOVERY TRIBUNAL - I, KARNATAKA

AT BENGALURU**

Dated this the 31<sup>st</sup> day of December, 2025

**Present: Sri Imtiaz Ali**

**Presiding Officer**

**TA No.3/2025**

**BETWEEN:**

**KARNATAKA GRAMEENA BANK**

Doddabyadarahalli Branch

Doddabyadarahalli (V) and (P)

Pandavapura Taluk,

Mandya District – 571 434

Through its Branch Manager

Smt. Sreelakshmi B.L.

** ..APPLICANT**

**AND:**

**1. Mr. Channe Gowda**

Aged about 68 years

S/o. Chikkeregowda

Having address at:

Nodekoppulu (V),

D B Hally (P),

Mandya District – 571 401

**2. Mr. Balarama**

Aged about 37 years

S/o. Channegowda

Having address at:

Nodekoppulu (V),

D B Hally (P),

Mandya District – 571 401

**3. Mr. Radhakrishna**

Aged about 33 years

S/o. Channegowda

Having address at:

Nodekoppulu (V),

D B Hally (P),

Mandya District – 571 401

** ..DEFENDANTS**

**Counsels on record/appeared for:**

Applicant : Naushad A K

Defendants : *Ex parte*

2TA No.3/2025**FINAL ORDER**

1. The present TA have been filed by the Applicant Bank under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993, seeking recovery of money of **Rs.20,36,605.89 (Rupees Twenty Lakh Thirty Six Thousand Six Hundred Five and Eighty Nine Paise)** together with costs, interest, etc.

2. The case of the Applicant Bank is that, the Defendants have approached the Applicant Bank for financial assistance for the Agricultural purpose. Accordingly, considering the request, the Applicant Bank had sanctioned a loan of Rs.6,00,000/- on 28.03.2014. Hence, the Defendants executed Loan Documents in favour of the Applicant Bank and agreed to repay the loan with interest in repayment.

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In order to secure the loan, the Defendants side have executed documents, viz., Sanction Letter, Simple Mortgage Deeds, Letter of Revival, etc.

3. The Defendants after utilising the said loans have failed and neglected to make the repayment of the loan dues as agreed and Defendants have not serviced the interest thereon as per the terms and condition agreed by the Defendants. Hence, the loan account of the Defendants was 3TA No.3/2025

Defendants. Hence, the loan account of the Defendants was declared as NPA. Thereafter, the Applicant Bank issued a Notice dated 26.11.2024. In spite of repeated reminders, the Defendants have 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.20,36,605.89 (Rupees Twenty Lakh Thirty Six Thousand Six Hundred Five and Eighty Nine Paise)**

5. After filing this TA, summons were sent and duly served to the Defendant No.1 & No.3 through RPAD and summons sent to the Defendant No.2 was unserved and returned to sender with postal endorsement **"UNCLAIMED"**. Hence, the Defendants were called out and they remained absent and placed ex parte.

6. To prove the case of the Applicant Bank, its Branch Manager, Sri. Thadisetty Dinesh Babu., has filed his affidavit by way of evidence 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 08 documents came to be marked at Ex.A3 to A10.

2-

4TA No.3/2025

1. 7. No evidence on behalf of the Defendants.

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

3. 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?

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

**R E A S O N S**

1. 11. The Chief Manager 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 A10 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.

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

5TA No.3/2025

ORDER

Present TA stands allowed with interest and costs.

Accordingly, the Defendants are jointly and severally liable to pay **Rs.20,36,605.89** to the Applicant Bank with pendent lite and future interest @6% p.a. from the date of application till 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 Property in accordance with law as sought by the Applicant Bank in the TA.

In spite of sale of the Schedule Property, if the TA amount is not fully realised, then the Applicant Bank is at liberty to proceed against the persons and other properties of the Defendants in accordance with law.

Applicant Bank shall file latest Memo of Calculation of TA amount together with interest, costs etc., to be paid by Defendant duly taking into account the amount/s, if any, paid by the Defendant and/or amount realised 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 Defendant to the Applicant Bank.

6TA No.3/2025

Page 3 of 4

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.

(Dictated to the Stenographer, after its transcription and necessary corrections, signed and pronounced by me in the Open Court on this the 31<sup>st</sup> day of December, 2025)

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

**ANNEXURES**

**Witness Examined for the Applicant Bank:**

AW-1 : Sri. Thadisetty Dinesh Babu The Branch Manager 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 : Sanction Letter dated 28.03.2014 and its translated version Ex.A-4 : Simple Mortgage Deed dated 24.03.2014 and its translated version

7TA No.3/2025

Ex.A-5 : Simple Mortgage Deed dated 24.03.2014 and its translated version

Ex.A-6 : Letter dated 27.02.2017 acknowledging liabilities Ex.A-7 : Letter dated 07.03.2019 acknowledging liabilities Ex.A-8 : Letter of Revival dated 01.01.2022

Ex.A-9 : Notice dated 26.11.2024 and its translated version Ex.A-10 : True extracts of statement of accounts pertaining to the Defendants aforesaid Loan Accounts No.112317130000180

**Witness Examined for the Defendants:**

- Nil -

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

- Nil -

31.12.25

**(Imtiaz Ali)

DRT-I, Bengaluru**

-CR-

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