The Debts Recovery Tribunal allowed the applicant bank's ex-parte application for recovery of bankers' dues of Rs. 19.86 lakhs from three defendants, granting interest at 9% per annum and empowering sale of mortgaged property.
Defendants to pay Rs. 19,86,293 with future interest @9% p.a.; power to sell mortgaged property; issuance of Recovery Certificate.
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 | : 30.01.2019 |
|---|---|
| Registered on | : 07.05.2022 |
| Decided on | : 02.04.2024 |
| Duration | : Y M D |
| 05 02 02 |
IN THE DEBTS RECOVERY TRIBUNAL AT PUNE (Before Shri Dilip G Murumkar, Presiding Officer) ORIGINAL APPLICATION No. 575/2022.
Union Bank of India,
A Banking Company constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970, having its head office at 239, Vidhan Bhavan Marg, Nariman Point Mumbai - 400021 and Branch at B.K. Road, Vengurla, Taluka Vengurla, District Sindhudurg 416516.
.. Applicant
Versus
(OA No. 575/2022)
Page 1 of 6
Sanap
Near Sant Rawol Maharaj College, Kudal, Taluka Kudal, District Sindhudurg 416520.
.. Defendants
APPEARANCES
For Applicant Advocate R.B. Ganbote. For Defendants Ex parte.
TOTAL CLAIM AMOUNT –Rs.19,86,293/-
JUDGMENT
(Delivered on 02nd April, 2024)
As per the loan application of defendant Nos. 1 and 2, the applicant Bank sanctioned and disbursed the Cash Credit facility of Rs.20,00,000/- to defendant Nos.1 and 2 vide Sanction Letter dated 01.01.2013. Defendant No.3 stood guarantor for the repayment of loan sanctioned and disbursed to defendant Nos.1 and 2.
In order to secure the aforesaid Cash Credit facility, the defendants executed loan and necessary security documents in favour of the applicant Bank along with deed of
(OA No. 575/2022)
Page 2 of 6
Sanap
mortgage of land Survey Nos. 570, 571/2A and 5 along with House Nos. 13, 14 and 16 at Ward No. 12 situated at Vengurla, Taluka Vengurla, District Sindhudurg, in favour of the applicant Bank.
Again, on the request of the defendants, the applicant Bank renewed the Cash Credit facility on 27.06.2016 on execution of necessary renewal documents.
Thereafter, the defendants have executed simple debit Balance Confirmation on 18.12.2017 and 09.05.2018 in favour of the applicant Bank and thereby confirmed the balance in the Cash Credit account of defendant Nos.1 and 2.
Hence, this application is filed.
(OA No. 575/2022)
Page 3 of 6
Sanap
(Exhibit-6) of Rahul Nahar, Law Officer and Principal Officer of the applicant Bank, and has produced on record the original loan transaction documents at Sr. Nos. AW-1 to AW-18 along with list (Exhibit 7), which corroborates the case of the applicant Bank.
Hence, I pass the following order :-
(OA No. 575/2022)
Page 4 of 6
Sanap
ORDER
(B) Defendant Nos.1 to 3 either jointly or severally shall pay to the applicant Bank the sum of Rs.19,86,293/(Rupees Nineteen Lakhs Eighty Six Thousand Two Hundred Ninety Three only) along with future interest @9% per annum from the date of filing of the Original Application i.e. 30.01.2019 till full payment/realization of the amount mentioned in this operative order.
(OA No. 575/2022)
Page 5 of 6
Sanap
Sd/(Dilip G Murumkar) Place : Pune Presiding Officer Date : 02.04.2024 Debts Recovery Tribunal, Pune.
(OA No. 575/2022)
Page 6 of 6
Sanap
1 issue framed by the court
Whether an ex-parte application for debt recovery should be allowed on verified evidence.
Union Bank of India
Shri Vijay Gopal Tendolkar
Shrushti Vijay Tendolkar
Shri Shailesh Sashikant Shirsat
Dilip G Murumkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
