Allowed

Union Bank of India (Andhra Bank) v. Shaikh Jamil Noor Kalam

DRT18 Sept 2025OA/103/2022

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed the applicant bank's application for recovery of Rs. 23,56,600.93 from defaulting borrowers, granting reduced future interest and adjuciating mortgage security over mortgaged properties.

What did the court decide?

Recovery of Rs. 23,56,600.93 with future interest at 8% p.a.; adjudication of mortgage security; issuance of Recovery Certificate.

Union Bank of India (Andhra Bank) versus Shaikh Jamil Noor Kalam — Specific Performance | DRT (2025)

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Presented on: 04.02.2022 Registered on: 29.04.2022 Decided on: 18.09.2025 Duration: Y M D 03 07 14

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 103/2022

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TOTAL CLAIM AMOUNT – Rs. 23,56,600.93/-

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UNION BANK OF INDIA, (erstwhile ANDHRA

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Bank, amalgamated into Union Bank of India with

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effect form 1^st April 2020 in terms of Gazette of

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India No. GSR No. 154 (E) dated 4^th March 2020

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issued by Ministry of Finance, Government of India) a Body Corporate and constituted under the Banking Companies (Acquisition of Undertaking) Act, 1970, having its Head Office at Union Bank

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Bhavan, 239, Vidhan Bhavan Marg, Mumbai-40021.

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And amongst other branches, one of the branch office at House No. 18, Randhir building, Gurukrupa

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Housing Stadium Road, Shahnoorwadi Dargah,

(OA No.103/2022)

Page 1 of 9

[AMBADAS]

Garkheda, Aurangabad, Through its Authorized officer, Shri Avinash Anand s/o Anil Kumar, Age: 33

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years, Occ.: Service, Working as Senior Manager, Union Bank of India, House No. 18, Randhir Building, Gurukrupa Housing Stadium Road, Shahnoorwadi

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Dargah, Garkheda, Aurangabad.

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… Applicant

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Versus

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Shaikh Jamil Noor Kalam, Age: Major, Occ.: Service, R/o.: Amba Apsra Cinemaa, Aurangpura, Near Zilla Parishad, Aurangabad. AND House No. 7, Galli No. 5, Kat Kat Gate, Nehru Nagar, Near Yasin Masjid, Kirana Shop Aurangabad, 431001. AND Survey No.10871/18, Flat No. 18, B Wing, Afnan Apartmentt, Damdi Mahal Near S T Colony Aurangabad.

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Mrs. Sadiya Begum Shaikh Jamil, Age: Major, Occ.: Service, R/o.: House No. 7, Galli No. 5, Kat Kat Gate, Nehru Nagar,

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Near Yasin Masjid, Kirana Shop Aurangabad, 431001.

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[AMBADAS] (OA No.103/2022)

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Page 2 of 9

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AND

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Survey No.10871/18, Flat No. 18, B Wing, Afnan Apartmentt, Damdi Mahal Near S T Colony Aurangabad.

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…Defendants

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APPEARANCES

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For the Applicant For Defendants

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Mr. Atul A. Mishra -Advocate Ex-parte

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JUDGMENT

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Delivered on 16.09.2025

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The Applicant Bank has filed the present application for the recovery of a sum of Rs. 23,56,600.93/- (Rupees Twenty Three Lacs, Fifty Six Thousand, Six Hundred and Ninety Three Paisa only), along with future interest from the date of filing of the Original Application, i.e., 04.02.2022, until the date of realization of the entire outstanding dues from the Defendants.

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Brief facts of the application are as under:

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The Applicant Bank states that the Defendants No. 1 & 2 had approached and requested the Applicant Bank for housing loan facility. Upon considering the request and financial needs of the

(OA No.103/2022)

Page 3 of 9

[AMBADAS]

Defendants, the Applicant Bank Sanctioned Home loan for purchase of Rs. 20,00,000/- vide sanction letter dated 14.05.2019 on certain terms and conditions. The agreed rate of interest for the aforesaid loan facilities was @8.85% p.a. with monthly rests. The Defendants also agreed to pay additional interest by way of liquidated damages in the event of any default in repayment.

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In order to secure the aforesaid loan facility, the Defendant executed various loan documents in favour of the Applicant Bank. These included sanction letter, composite agreement, housing loan agreement, and sale deed bearing daybook No. 5079/2019 dated 15.05.2019, demand promissory note,

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The Applicant Bank further contends that, in order to secure the aforesaid loan facility, the Defendant No. 1 & 2 created first charge over their immovable property under sale deed bearing daybook No. 5079/2019 dated 15.05.2019 in favour of the

(OA No.103/2022)

Page 4 of 9

[AMBADAS]

Applicant Bank. The mortgage was created in respect of the following properties-

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i) All that piece and parcel of property CTS No. 10871/18, admeasuring 430.10 sq. mtrs. Situated at Damdi Mahal S.T. Colony, Aurangabad, within the local limits of Municipal Corporation, Aurangabad which is bounded as under: East: Road and House of Khaled Hasan Khan, West: CTS No. 10871/18 part. South: CTS No. 10871/20, CTS No. 10871/21. North: Nala.

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ii) All that piece and parcel of Flat No. 04, on the fourth Floor, admeasuring saleble area 58.24 sq.mtrs. in B-wing of the building known as afnan apartment, constructed on C.T.S.10871/18, situated at Damdi Mahal, C.T. Colony, Aurangabad, which is bounded as under: East: Flat No. 17 and Staircase West: Building area A-wing. South: CTS No. 10871/20, CTS No. 10871/21. North: Plot area.

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The applicant bank contended that the defendants have failed to keep their promise and commitments agreed by them with regard to due repayment of the loan amount. The defendants failed to operate the loan account properly and failed to pay the agreed rate of interest as per terms and conditions of the sanction letter. Thereafter, the applicant bank repeatedly made

(OA No.103/2022)

Page 5 of 9

[AMBADAS]

demand of loan amount and called upon the defendants to pay with the agreed rate of interest thereon, but the defendants failed and neglected to pay the same. The loan account of the defendants became irregular and classified as NPA on 07.04.2021. Therefore on 06.05.2021 the applicant bank issued legal notice to the defendants through their advocate. Despite service of Notices, the defendants failed and neglected to repay the outstanding dues of the applicant Bank. Hence, this application is filed.

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The defendants appeared in matter and filed written statement but there was a delay of 178 days in filing the written statement. The IA No. 1844/2023 for condonation of delay in filing the written statement was dismissed as per order dated 09.01.2024 that the written statement cannot be taken on record.

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The applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Avinash Anand s/o Anil Kumar, Senior Manager of the applicant Bank, and has produced on record the original loan transaction documents as Annexure. A-1 to A-11 along with list

(OA No.103/2022)

Page 6 of 9

[AMBADAS]

of documents Exh.5 which corroborates the case of the applicant Bank.

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I have heard arguments of the learned Advocate for the applicant Bank.

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Since the defendants failed to appear and contest the application, I find no reason to disbelieve the unrebutted evidence of the applicant Bank. Therefore, the applicant Bank is entitled for the reliefs as claimed.

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The applicant Bank has claimed charge over immovable properties of the borrowers which are mortgaged in favour of the applicant bank.

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The applicant Bank has claimed future interest @8.85 % p.a. from the date of filing i.e. 04.02.2022 of this application till realization of the claim amount. However, considering the facts of the case, I am of the opinion that if future interest is granted @ 8 % per annum (simple), it would be just and reasonable rate of interest.

(OA No.103/2022)

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[AMBADAS]

ORDER

(A) Original Application No. 103/2022 is allowed with costs.

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(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 23,56,600.93/- (Rupees Twenty Three Lacs, Fifty Six Thousand, Six Hundred and Ninety Three Paisa only), along with future interest @ 8 % per annum (simple) from the date of filing of the O.A. i.e. 04.02.2022 till full payment/realization of the amount mentioned in this operative order.

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(C) The aforesaid adjudicated amount is secured by the mortgage of the following immovable property vide documents Annexure A-4 to Annexure A-6 in list of documents Exh. 5.

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East: Road and House of Khaled Hasan Khan, West: CTS No. 10871/18 part. South: CTS No. 10871/20, CTS No. 10871/21.

(OA No.103/2022)

Page 8 of 9

[AMBADAS]

North: Nala.

ii) All that piece and parcel of Flat No. 18, on the fourth Floor, admeasuring saleble area 58.24 sq.mtrs. in B- wing of the building known as afnan apartment, constructed on C.T.S.10871/18, situated at Damdi Mahal, C.T. Colony, Aurangabad, which is bounded as under:

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East: Flat No. 17 and Staircase West: Building area A-wing. South: CTS No. 10871/20, CTS No. 10871/21. North: Plot area.

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(D) The applicant Bank is entitled to sell the mortgaged immovable properties and hypothecated articles/goods etc., to recover its dues.

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(E) Issue Recovery Certificate accordingly.

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(F) The Registrar is directed to send the copy of the Judgment and Recovery Certificate to the applicant and defendants.

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(G) File be consigned to the record room.

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Sd/-

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Pronounced in open court. Place: Aurangabad Date:. 18.09.2025

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(Dr. J. R. Chauhan) Presiding Officer Debts Recovery Tribunal, Aurangabad

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(OA No.103/2022)

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Page 9 of 9

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[AMBADAS]

Union Bank of India (Andhra Bank) v. Shaikh Jamil Noor Kalam

Case brief

What is this about?

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Union Bank of India (Andhra Bank) v. Shaikh Jamil Noor Kalam

Case brief

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