Allowed

Union Bank of India v. Mr. Sampat Devram Jadhav

DRT18 Apr 2024OA/15/2024

Case brief

AI extract

What is this about?

In an ex parte proceeding before the Delhi Debt Recovery Tribunal, the court unanimously decreed the original application filed by the plaintiff bank against three defendants for recovery of a loan amount of Rs. 36,65,971/- along with future contractual rate of interest, as the defendants filed no written statement and the plaintiff's claim remained uncontroverted. The order has also directed the

What did the court decide?

Directing defendants to pay Rs. 36,65,971/- along with 8% p.a. simple interest; attaching personal properties; issuing recovery certificate; securing adjudged amount by charge on immovable properties.

Union Bank of India versus Mr. Sampat Devram Jadhav — Banking and Recovery | DRT (2024)

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Presented on: 10/03/2023 Registered on: 31/12/2023 Decided on: 18/04/2024 Duration: Y. M. D. 1 – 01 - 09

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IN THE DEBTS RECOVERY TRIBUNAL, at Aurangabad

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(Sr. No. 38) Original Application No. 15 of 2024

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Claim : Recovery of Rs. 36,65,971/-

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Union Bank of India,

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a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, v , 1970 having its local head Office at 239, Backbay Reclamation Bombay 400021 and one of its Branch at Wadgaon Landga Tal. Sangamner Dist. Ahmednagar and acting through its Authorized Officer Mr Pramod Gulabrao puri, age 35 years occup. service Branch Manager, Union Bank of India, Wadgaon Landga Taluka Sangamner Dist. Ahmednagar – 422603 and having authority to file the application which includes the authority to sign and verify the application. Email id : … Applicant [email protected]

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Versus

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1 Mr Sampat Devram Jadhav, age 40 years occup. agri. at post Amber Tal. Akole Dist. NashikMaha (422601) Mob. No. 9975293907, 9503512324,

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( Madkar) (O.A. No. 15/2024)

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Page 1 of 6

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9766979827 email id – [email protected] PAN No. AKLPJ0342D Aadhar No. 9303 6369 2558 AND Mr Sampat Devram Jadhav, age 40 years occup. agri. at post Ambad Tal. Akole Dist. Nashik (Maha) (422602) Mob. No. 9975293907, 9503512324, 9766979827 email id – [email protected] PAN No. AKLPJ0342D Aadhar No. 9303 6369 2558 AND Mr Sampat Devram Jadhav, age 40 years occup. agri. 195, Akolarastawadi village Ambad Tal. Akole Dist. Ahmednagar (422601) Mob. No. 9975293907, 9503512324, 9766979827 email id – [email protected] PAN No. AKLPJ0342D Aadhar No. 9303 6369 2558 AND Mr Sampat Devram Jadhav, age 40 years occup. agri. Pimpalgaon Khand Taluka Akole Dist. Ahmednagar (422601) Mob. No. 9975293907, 9503512324, 9766979827 PAN No. AKLPJ0342D Aadhar No. 9303 6369 2558

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2 Mr Laxman Ramchandra Jadhav, age 78 years occup. agriculture at post 75 Ambad Tal. Akole Dist.

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(O.A. No. 15/2024) Page 2 of 6

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( Madkar)

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Ahmednagar – 422601 Mob. No. 8805711291,9890835516 Voter ID-MT/12/239/369372 AND Mr Laxman Ramchandra Jadhav, Age 78 years occup. agri. 296, Ambika Nagar sat post Ambad Tal. Akole Dist. Ahmednagar 422602 AND Mr Laxman Ramchandra Jadhav, Age 78 years occup. agri. R/o Gat No. 112/4 village Ambad Tal. Akole Dist. Ahmednagar 422602 AND Mr Laxman Ramchandra Jadhav, Age 78 years occup. agri. R/o Gat No. 113/8 village Ambad Tal. Akole Dist. Ahmednagar 422602

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3 Mr Ramesh Ramnath Jadhav, age 49 years occup. agri. at post Ambad Tal. Akole Dist. Ahmednagar – 422601 Mob. No. 9975293907, 9860074061 PAN …Defendants No. ATNPJ7875J

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Appearance :

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For Applicant-bank : Mr. V.B. Kulkarni, Adv. For Defendants : Absent

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Shri Vimal Gupta Presiding Officer

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Pronounced on: 18^th April 2024

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( Madkar) (O.A. No. 15/2024)

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Page 3 of 6

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O R D E R

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The applicant-bank has filed the present Original Application against defendants for recovery of sum of Rs. 36,65,971/- (Rs. thirty six lakhs sixty five thousand nine hundred seventy one only) towards outstanding of loan amount availed by

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them, together with future contractual rate of interest.

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Though defendants No. 1 & 2 duly served with summons of the Orig. Application, by hand, vide service report dated 14/03/2024, filed online, they preferred to remain absent in the matter and therefore, the matter proceeded ex parte against them.

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In these circumstances, it appears that the defendants are not interested in filing the written statement or they have nothing to show cause and, as such, their right to file written statement stands closed.

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The applicant bank has filed the Claim Affidavit of Mr Pramod Gulabrao Puri, Branch Manager (Exh. 4) alongwith list of

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documents (Exh.5) annexing therewith 15 documents and proved

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( Madkar) (O.A. No. 15/2024)

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Page 4 of 6

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its claim. The claim of the applicant bank goes uncontroverted and unrebutted.

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In view of the above, I pass the following order.

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O R D E R

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A. Original Application No. 15/2024 is decreed with costs.

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B. Defendants No.1 to 3 are ordered and directed to pay to the applicant-bank either jointly or severally the aggregate sum of Rs. 36,65,971/- (Rs. thirty six lakhs sixty five thousand nine hundred seventy one only) along with further rate of interest @ 8% p.a., Simple, from the date of filing of the Original Application till actual payment /realisation.

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C. The aforesaid adjudicated amount is secured by the charge on the immovable properties i.e.

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(a) All that piece and parcel of agricultural land Gat No. 112/4 admeasuring 0H.41R situated at Ambad Tal. Akole Dist. Ahmednagar, owned by Deft. No.2

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