Debts Recovery Tribunal at Aurangabad decreed Original Application No. 174/2023 filed by Bank Of Maharashtra. Defendants were directed to pay the aggregate sum due with interest, and a Recovery Certificate was issued.
Defendants directed to pay Rs. 32,99,183.66 plus 8% p.a. simple interest; Recovery Certificate issued.
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.
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD) ORDER SHEET
| 2 S |
3.04.2 r. No. |
024 62 O.A.NO. 174/2023 |
|---|---|---|
| Classific ation |
No. of Exh. |
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| ORIGINAL APPLICATION NO. 174/2023 | ||
| Bank Of Maharashtra .. Applicant Versus Vijaya Dinesh Soni & another .. Defendants Mr. Pande K D– Advocate for the applicant. Mr. Kulkarni G V – Advocate for defendants |
||
| 1. This is Original Application filed for recovery of Rs.32,99,183.66/- due as on 15.12.2022. 2. In this matter the defendant no.2 has not filed the written statement. It is deemed that defendant no.2 has admitted the liability. The defendant no.1 has admitted the sanctioning of the loan however he submits that 84 EMI’s of Rs.62,500/- were to be paid but the bank has prepared the agreement for term loan mentioning EMI of Rs.72,500/-. 3. Defendant no.1 submits that he should not have singed such an agreement which was contrary to the agreement with the bank. once he has signed the agreement admitted there is no question of now going back on the same. |
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| 4. Defendant no.1 further submitted that due to the pandemic the entire loan account and liability should have been deferred for a period of more than two years, this statement is also not correct statement. 5. Nothing more is there in the written statement. 6. Heard the arguments advanced by the parties. The applicant bank has filed claim affidavit and prove its claim. The claim of the applicant goes uncontroverted and un-rebutted. |
[APK] (OA No.174/2023) Page 1 of 2
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
| 7. In view of the above, I pass the following order : ORDER |
|---|
| A. Original Application No.174/2023 is decreed with costs |
| B. The defendants are ordered and directed to pay to the applicant either jointly or severally the aggregate sum of sum of Rs. 32,99,183.66/- along with rate of interest @ 8% p.a. simple from the date of filing of the original application till actual payment /realisation. |
| C. The Recovery Officer to proceed with the personal properties of the defendants by attaching the same. |
| D. Any amount recovered during pendency of Original Application shall be reduced and demand notice shall be issued accordingly. |
| E. Issue Recovery Certificate accordingly against defendants. |
| F. The Registrar to send the copy of judgment and Recovery Certificate to the applicant and defendants. |
| G. Consign thefile to the Record Room and orders be uploaded on official web-site. |
| (Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad |
[APK] (OA No.174/2023) Page 2 of 2
Bank Of Maharashtra
Vijaya Dinesh Soni
Another
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
