Debts Recovery Tribunals and Appellate Tribunals

STATE BANK OF INDIA vs SRI.Jagadish Gatty. P on 29 November 2024

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29.11.2024

29.11.2024

TA / OA No.53/2020 stands allowed

with interest and costs vide

separate order.

Presiding Officer

**IN THE DEBTS RECOVERY TRIBUNAL - I, KARNATAKA

AT BENGALURU**

Dated this the 29<sup>th</sup> day of November, 2024

**Present: Sri Imtiaz Ali

Presiding Officer**

**TA No.53 /2020**

**BETWEEN:**

**Canara Bank**

Branch Office at:

II Floor, BKG Complex

Building, Avenue Road

Bengaluru 560 009

Represented by its

Sri Venkataramana Das G

** .. APPLICANT**

**AND:**

**Sri Jagadish Gatty P**

S/o Sri. Sheshappa Gatty

No.4-18681, Mahalasa Kripa

Alemogru Road

Near Geetha Adapa House

Marakada Mangalore 575 015

**Also so:**

No.133, 3<sup>rd</sup> Main, 8<sup>th</sup> Cross Near Nirvani Bhagavathi Temple 1<sup>st</sup> Block, Jayanagar III Block, Jayanagar Bangalore 560 011

** .. DEFENDANT**

**Counsels on record/appeared for:**

Applicant : Sri M.K. Shivaram

Defendant : Ex-parte

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**FINAL ORDER**

The present OA have been filed by the Applicant Bank 4TA No.53/2020

marked at Ex.A2 and 09 documents came to be marked at Ex.A3 to A11.

8. No evidence on behalf of the Defendant.

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:

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

2. 2) What Order?

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

**REASONS**

12. 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 A11 which clearly establish the case of the Applicant Bank to allow the present OA. Added to this, the Defendant has remained absent, hence it is to be construed that Defendant has 5TA No.53/2020

admitted the entire case pleaded by the Applicant Bank in the present OA.

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

ORDER

Present OA stands allowed, with interest and costs.

The Defendant is liable to pay to the Applicant in a sum of **Rs.27,94,789/-** with pendent lite and future interest @ 10% p.a. with costs, from the date of the filing of this application, till realization.

In the event of failure of the Defendant to pay the said OA amount, the Applicant Bank is at liberty to sell the schedule- hypothecated movable property as mentioned in the schedule of the main OA, in accordance with law as sought by the Applicant Bank in the OA.

In spite of sale of the schedule- hypothecated movable property, as mentioned in the schedule of the main OA, if the OA amount is not fully realised, then the Applicant Bank is at liberty to proceed against the person and other property of the Defendant in accordance with law.

6TA No.53/2020

Applicant Bank shall file latest Memo of Calculation of OA 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 realized by sale of assets, etc., during the intervening period after filing the OA, to enable the office to prepare Recovery Certificate for the amount to be paid by the Defendant to the Applicant Bank.

Office is directed to issue Recovery Certificate as sought by the Applicant Bank in the OA 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 29<sup>th</sup> day of November, 2024)

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

7TA No.53/2020**ANNEXURES****Witness Examined for the Applicant Bank:**

AW-1 : Sri Narashimha Moorthy The Senior Manager of the Applicant Bank **List of Document Exhibited for the Applicant Bank:**

Ex.A-1 : Affidavit of AW-1 Ex.A-2 : List of Documents Ex.A-3 to A-11 : 09 documents

**Witness Examined for the Defendant:**

- Nil -

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

- Nil -

✓ 29.11.24 (Imtiaz Ali) Presiding Officer DRT-I, Bengaluru

.sr.

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