Debts Recovery Tribunal allowed an application for recovery of loan dues. Defendants were absent. Court directed payment of principal sum with future interest and authorized sale of mortgaged property.
Defendants to pay Rs.30,23,277/- with future interest at 8.25% p.a.; mortgaged property is directed to be sold for recovery.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Presented on : 16.09.2022 Registered on : 21.12.2022 Decided on : 06.06.2024 Duration : Y M D 01 08 20
IN THE DEBTS RECOVERY TRIBUNAL AT PUNE (Before Shri Dilip G Murumkar, Presiding Officer) ORIGINAL APPLICATION No. 1171/2022.
State Bank of India,
A Banking Company constituted under the State Bank of India Act, 1955 and having its Corporate Office at State Bank Bhavan, Nariman Point, Madam Cama Road, Mumbai 400021 and its branch at – Timber Market, Pune, where the Credit facilities were granted and thereafter account migrated to State Bank of India, Stressed Assets Recovery Branch, Second Floor, Wardhaman, Seven Loves Chowk, Plot No. 321/A/3, Mahatma Phule Peth, Pune 411042.
.. Applicant
Versus
Sector No. 20, Scheme No.2, Vidhulla
(OA No. 1171/2022)
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Housing Society, Krishnagar, Chinchwad, Pune 411 019. 2 Mr. Dattatray Mohan Mote, C/o : S.D. Kshirsagar, Sector No. 20, Scheme No. 2, Building A/31, Gala No.2, Krishna Nagar, Near St. Anns. Chinchwad, Pune 411 019. Also at : At Post Waluj, Near Mahadev Mandir, .. Defendants Taluka Mohol, District Solapur 413 222.
APPEARANCES
For Applicant Advocate Sudha Koloti. For Defendants Ex parte.
TOTAL CLAIM AMOUNT –Rs.30,23,277/-
JUDGMENT
(Delivered on 06th June, 2024)
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Accordingly, as per the loan application of the defendants, the applicant Bank sanctioned and disbursed aggregating amount of Rs.30,04,000/- consisting two above mentioned loan facilities to the defendants vide Arrangement Letter dated 27.01.2016.
In order to secure the aforesaid loan facilities, the defendants executed necessary loan and security documents along with deed of mortgage of Flat No. 606, 6th floor of Wing A, admeasuring 60.59 sq. mtr., Green Empire, Gat No. 1145 and 1146, Chikhali, Taluka Haveli, District Pune, in favour of the applicant Bank.
Hence, this application is filed.
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(Exhibit-6) of Padmaja C. Pol, Chief Manager of the applicant Bank, and has produced on record the original loan transaction documents at Sr. Nos. AW-1 to AW-21 along with list (Exhibit 7), which corroborates the case of the applicant Bank.
Hence, I pass the following order :-
ORDER
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Hundred Seventy Seven only) along with future interest @8.25% per annum from the date of filing of the Original Application i.e. 16.09.2022 till full payment/realization of the amount mentioned in this operative order.
Place : Pune Date : 06.06.2024
Sd/(Dilip G Murumkar) Presiding Officer Debts Recovery Tribunal, Pune.
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1 issue framed by the court
Whether the defendants defaulted in repayment of home loan installments.
1 provisions across 1 enactments
State Bank of India
Mr. Ramesh Mohan Mote
Mr. Dattatray Mohan Mote
Dilip G Murumkar
As recorded by the court registry
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