Allowed

Union Bank of India v. Tulsidas Laxman Ingole

DRT19 Apr 2024OA/246/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal credited the original application filed by the bank for the recovery of a loan advance of Rs. 26,08,013.52 along with interest, pronouncing that the defendants must pay the claim amount jointly and severally and directing the issue of a recovery certificate.

What did the court decide?

Decree of the application for Rs. 26,08,013.52 with interest at 8% p.a. and a Recovery Certificate directed against the defendants.

19.04.
Sr. No

2024
.59
OA No. 246/2022

Classific
ation

No. of
Exh.

ORIGINAL APPLICATION NO. 246/2022

Union Bank of India
..Applicant
Versus
Tulsidas Laxman Ingole & another
..Defendant
Mr. E.K. Mohite – Advocate for the applicant.
None for the defendants.
The matter is taken through Hybrid.
1. The Original Application is filed for a sum of
Rs.26,08,013.52Ps. (Rupees Twenty-Six Lacs Eight
Thousand Thirteen and Paise Fifty-Two Only) due as on
28-02-2022 together with further interest, charges and
liquidated damages thereon from 01-03-2022 at the
contractual rate, till the full and final payment and / or
realisation of the entire debts in the loan as more
specifically set out in the statement of claim to this
application from the defendant nos.1 and 2 jointly and
severally alongwith costs.
2. In this matter the defendants have been duly served. None
appeared.

3. Written Notes of Arguments filed, taken on record. There
is no rebuttal to the claim of the bank which is duly
supported with the documents exhibited.
4. The applicant bank is claiming Rs.26,08,013.52Ps.
(Rupees Twenty-Six Lacs Eight Thousand Thirteen and
Paise Fifty-Two Only) due as on 28-02-2022. There is a
memorandum of deposit of title deeds duly filed before
the Registrar. None appeared. Decreed with @8.00% per
annum simple interest as claimed.

5. In view of the above, I pass the following order : ORDER
A. The Original Application No.246/2022 is decreed with costs.
B. Defendants are ordered and directed to pay jointly and
severally to the applicant the claim amount of
Rs.26,08,013.52Ps. (Rupees Twenty-Six Lacs Eight Thousand Thirteen and Paise Fifty-Two Only)alongwith interest @8.00% p.a.simple from date of OA.
C. The aforesaid adjudicated amount is secured by the charge on the mortgaged properties i.e. All the Piece and Parcel of
Row House No.12, Built-up area 34.20 Sq. Mtrs., Plot
No.12, Plot area 54.00 Sq. Mtrs. “Akash Vihar”, Gut No.140, CIDCO Waluj, Mahanagar-I, Tisgaon, Nagar Road, Aurangabad and bounded as under:
East : Row House No.11, West: Row House No.13, South: 11.0 Mt. wide Road, North : Row House No.35
as is disclosed in the Para No.3-A of the OA.
D. Issue Recovery Certificate accordingly against defendant.
E. The Recovery Officer shall look into the adjustment of the amount recovered by the applicant bank during the
proceeding pending before this Tribunal and draw the amount balance recoverable.
F. Order be uploaded on website.
(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad

5. In view of the above, I pass the following order :
ORDER

A. The Original Application No.246/2022 is decreed with costs.

B. Defendants are ordered and directed to pay jointly and

severally
to
the
applicant
the
claim
amount
of

Rs.26,08,013.52Ps. (Rupees Twenty-Six Lacs Eight
Thousand Thirteen and Paise Fifty-Two Only)alongwith
interest @8.00% p.a.simple from date of OA.

C. The aforesaid adjudicated amount is secured by the charge
on the mortgaged properties i.e. All the Piece and Parcel of

Row House No.12, Built-up area 34.20 Sq. Mtrs., Plot

No.12, Plot area 54.00 Sq. Mtrs. “Akash Vihar”, Gut
No.140, CIDCO Waluj, Mahanagar-I, Tisgaon, Nagar Road,
Aurangabad and bounded as under:

East : Row House No.11,
West: Row House No.13,
South: 11.0 Mt. wide Road,
North : Row House No.35

as is disclosed in the Para No.3-A of the OA.

D. Issue Recovery Certificate accordingly against defendant.

E. The Recovery Officer shall look into the adjustment of the
amount recovered by the applicant bank during the

proceeding pending before this Tribunal and draw the
amount balance recoverable.

F. Order be uploaded on website.

(Vimal Gupta)
Presiding Officer
Debts Recovery Tribunal, Aurangabad

Union Bank of India v. Tulsidas Laxman Ingole

Case brief

What is this about?

What did the court decide?

Union Bank of India v. Tulsidas Laxman Ingole

Case brief

What is this about?

What did the court decide?

What the court decided

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