Allowed

Union Bank of India ( Andhra Bank ) v. Moid Kamran Shaikh Hameed

DRT10 Sept 2025OA/120/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an application filed by Union Bank of India against two borrowers for recovery of a home loan dues of Rs. 34.70 Lakhs along with future interest, directed sale of mortgaged property, and issued a recovery certificate following default.

What did the court decide?

Payment of Rs. 34,70,881.65 with future interest at 7% p.a.; sale of mortgaged property; issue of Recovery Certificate.

Union Bank of India ( Andhra Bank ) versus Moid Kamran Shaikh… — Banking and Recovery | DRT (2025)

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Presented on: 28.01.2022 Registered on: 18.05.2022 Decided on: 10.09.2025 Duration: Y M D 03 08 12

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 120/2022

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TOTAL CLAIM AMOUNT – Rs. 34,70,881.65/-

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Union Bank of India, (Erstwhile ANDHRA BANK,

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amalgamated into Union Bank of India with effect

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from 1^st April 2020 in terms of Gazette of India No.

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

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Ministry of Finance, Government of India) a Body

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Corporate constituted under the Banking companies

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(Acquisition of Undertakings) Act 1970, Having its

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Central office at Union Bank Bhavan 239, Vidhan Bhavan Marg, Nariman Point, Mumbai-400021 & amongst the 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.120/2022)

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[AMBADAS]

Garkheda, Aurangabad, Through its Authorized

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officer, Shri. Avinash Anand s/o Anil Kumar, Age: 33

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years, Occ.: Service, Working as Senior Manager,

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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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Moid Kamran Shaikh Hameed, Age: Major, Occu.: Service, R/o.: Flat No. 9, Smsrudhi Residency Padegaon Chinar Garder, Aurangabd-431001.

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AND

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House No. 4-9-87, Jinsi Road, Behind M A Master Tailor, Ranmastpura, opposite of Bhartiya Hospital, Aurangabad Maharashtra.

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AND

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…Defendants

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Impaci Dising Associate Global Avenue, Block No. 3, Paithan Gate, AMC Shopping Complex, Aurangabad.

AND

(OA No.120/2022)

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[AMBADAS]

Gut No. 33, Plot No. 33, Plot No. 103., Umar Colony, Kalthan Wadi Road, Harsul Fatema Nagarkol Thanwadi, Aurangabad

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Heena Kausar Shaikh Moid Kamran Age: Major, Occu.: Service, R/o.: Flat No. 9, Smsrudhi Residency Padegaon Chinar Garder, Aurangabd-431001.

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AND

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House No. 4106, Behind Kalegaonkar Hospital, Ranmastpura, Jinsi, Aurangabad Maharashtra.

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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 Delivered on 10.09.2025

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The Applicant Bank has filed the present application for the recovery of a sum of Rs. 34,70,881.65/- ( Rupees Thirty Four Lacs, Seventy Thousand, Eight Hundred Eighty One and Sixty Five Paisa only), along with future interest from the date of filing of the Original Application, i.e., 28.01.2022, until the date of realization of the entire outstanding dues from the Defendants.

(OA No.120/2022)

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[AMBADAS]

Brief facts of the application are as under:

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The Applicant Bank states that the Defendants No. 1 & 2 approached and requested the Applicant Bank for a Home loan facility. Upon considering the request and financial needs of the Defendants, the Applicant Bank sanctioned a Home loan facility in form of term loan of Rs. 30,00,000/- vide sanction letter dated 30.07.2018 on certain terms and conditions. The agreed rate of interest for the aforesaid loan was @8.65% p.a. with monthly rests. The Defendants also agreed to pay additional interest @2% 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 Defendants executed various loan documents in favour of the Applicant Bank. These included sanction letter, housing loan agreement, registered sale deed bearing daybook no. 4997 and mortgage deed bearing daybook No. 5289 dated 13.08.2018, letter of undertaking, demand promissory note, etc., in favour of the

(OA No.120/2022)

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[AMBADAS]

applicant bank.

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 daybook no. 5289 dated 13.08.2018, in favour of the Applicant Bank. The mortgage was created in respect of the following property-

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All that piece and parcel of Flat No. 22, admeasuring 83.17 Sq. Mtrs., 5^th Floor, B Building, Plot No.31, 32, 34 & 35, Survey No. 06/Part, Chinar Garden, Vikaspuri, Jaisingpura, situated at Padegaon Aurangabad which is bounded as under:

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East: Terrace West: Open to Sky North: Open to Sky South: Flat No. 21.

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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.120/2022)

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[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 30.04.2021. Therefore, on 07.10.2021 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 failed to appear in matter though they were duly served. Hence, the defendants were proceeded ex-parte as per Order dated 24.11.2023.

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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, A-1 to A-10 along with list of documents Exh.5 which corroborates the case of the applicant Bank.

(OA No.120/2022)

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[AMBADAS]

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 property of the borrowers which is mortgaged in favour of the applicant bank.

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The applicant Bank has claimed future interest @ 8.65% p. a. on term loan from the date of filing i.e. 28.01.2022 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 @ 7% per annum (simple), it would be just and reasonable rate of interest.

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ORDER

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(A) Original Application No. 120/2022 is allowed with

(OA No.120/2022)

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[AMBADAS]

costs.

(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 34,70,881.65/- ( Rupees Thirty Four Lacs, Seventy Thousand, Eight Hundred Eighty One and Sixty Five Paisa only), along with future interest @ 7% per annum (simple) from the date of filing of the Original Application i.e. 28.01.2022 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 bearing daybook no. 5289 vide registered mortgage deed dated 13.08.218 at annexure A-4 in list of documents Exh. 5.

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East: Terrace West: Open to Sky North: Open to Sky South: Flat No. 21.

(OA No.120/2022)

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[AMBADAS]

(D) The applicant Bank is entitled to sell the mortgaged

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immovable property, 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. (Dr. J. R. Chauhan) Place: Aurangabad Presiding Officer Date:.10.09.2025 Debts Recovery Tribunal, Aurangabad

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(OA No.120/2022)

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Page 9 of 9

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[AMBADAS]

Union Bank of India ( Andhra Bank ) v. Moid Kamran Shaikh Hameed

Case brief

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Union Bank of India ( Andhra Bank ) v. Moid Kamran Shaikh Hameed

Case brief

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