The Tribunal allowed the bank's recovery application against mortgage defaulters who failed to appear. The court ordered payment of the principal sum plus future interest at 9% per annum, secured by the mortgaged agricultural property.
Defendants to pay Rs. 33,04,229.90 plus future interest @9% p.a.; secured by mortgage sale.
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: 04.02.2025 Registered on: 19.02.2025 Decided on: 05.12.2025 Duration: Y M D 00 09 01
IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 118/2025
TOTAL CLAIM AMOUNT – Rs. 33,04,229.90/-
Union Bank of India, A Body Corporate constituted under the Banking companies (Acquisition & Transfer of Undertakings) Act 1970, Having its Registered office at 239, Vidhan Bhavan Marg, Nariman Point, Mumbai-400021 & having branches amongst the other places at Main Branch, Dhule through its Authorized Person, Mr. Bhatusing Shamsing Thakur (Branch Head), Age: 40 yrs., Occ.:
Service, R/o. Station Road, Dhule.
… Applicant
(OA No.118/2025)
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[AMBADAS]
Versus
1. Mr. Subhash Mansaram Patil (Jadhav), Age: Major, Occ.: Agri. R/o.: At Post Salave Tq. Shindkheda Dist. Dhule, 424001.
2. Mrs. Mirabai Devidas Patil,
Age: Major, Occ.: Agri. R/o.: At Post Salave Tq. Shindkheda Dist. Dhule, 424001.
…Defendants
APPEARANCES
Mr. K. D. Pande -Advocate Ex-parte
For the Applicant For Defendants
JUDGMENT
Delivered on 05.12.2025
(OA No.118/2025)
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[AMBADAS]
Brief facts of the application are as under:
(OA No.118/2025)
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[AMBADAS]
1 and executed deed of guarantee on 29.10.2021 in favour of the
Applicant Bank.
All that piece and parcel of Agricultural land admeasuring 1 H87 R, out of Gut No. 90/2A, situated at Village Salave, Tq. Shindkheda Dist. Dhule., which is bounded as under. East: Gut No. 84, 85, 89, West: Gut No. 92, 91, South: Gut No. 94, 95, North: Gut No. 73, 74, 79, 84.
rate of interest as per terms and conditions of the sanction letter. Thereafter, the applicant bank repeatedly made demand of loan
(OA No.118/2025)
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[AMBADAS]
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 30.10.2024. Therefore, on 17.01.2025 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.
(OA No.118/2025)
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[AMBADAS]
(OA No.118/2025)
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[AMBADAS]
ORDER
(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 33,04,229.90/- (Rupees Thirty Three Lacs, Four Thousand, Two Hundred Twenty Nine and Ninety Paisa only), along with future interest @ 9% per annum (simple) from the date of filing of the O.A. i.e. 04.02.2025 till full payment/realization of the amount mentioned in this operative order.
(C) The aforesaid adjudicated amount is secured by the mortgage of the following immovable property bearing daybook no. 3689 vide registered simple mortgage deed dated 14.09.2021 at Exh. A-9 in list of documents Exh. 5.
All that piece and parcel of Agricultural land admeasuring 1 H87 R, out of Gut No. 90/2A, situated at Village Salave, Tq. Shindkheda Dist. Dhule., which is bounded as under. East: Gut No. 84, 85, 89, West: Gut No. 92, 91, South: Gut No. 94, 95, North: Gut No. 73, 74, 79, 84.
(OA No.118/2025)
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[AMBADAS]
immovable property and hypothecated articles/goods
etc., to recover its dues.
Sd/-
Pronounced in open court. (Dr. J. R. Chauhan) Place: Aurangabad Presiding Officer Date:.05.12.2025 Debts Recovery Tribunal, Aurangabad
(OA No.118/2025)
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[AMBADAS]
1 issue framed by the court
Whether the applicants are entitled to recover the outstanding principal amount along with future interest from the defaulting borrowers.
Union Bank of India
Mr. Subhash Mansaram Patil (Jadhav)
Mrs. Mirabai Devidas Patil
Dr. J. R. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
