Bank of Maharashtra versus Jijabrao Baburao Patil — Banking and Recovery | DRT (2025)

Bank of Maharashtra versus Jijabrao Baburao Patil — Banking and Recovery | DRT (2025)

Presented on: 30.01.2025 Registered on: 19.02.2025 Decided on: 26.11.2025 Duration: Y M D 00 10 26

IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 120/2025

TOTAL CLAIM AMOUNT – Rs. 68,66,734/-

Bank of Maharashtra ,

A Body Corporate constituted under the Banking Companies (Acquisition of Undertaking) Act, 5 of 1970, carrying on business & Having its Head Office at “Lokmangal”, 1501, Shivaji Nagar, Pune-411 005 and Zonal Office at “Mahabank Bhawan”, C-3, N-1, Town Centre, CIDCO, Aurangabad-431003. Branch at Jalgaon Road, Branch, Near New Bus Stand, Jalgaon425001. Through its Authorized Officer, Shri. Somnath Bajrang Sasane, Age: Major, Occ.: Service, Working as Chief Manager, Asset Recovery Branch, Bank of Maharashtra, at Town Centre, CIDCO, Aurangabad.

… Applicant

(OA No.120/2025)

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Versus

1. Jijabrao Baburao Patil,

Age: Major, Occupation: Agriculture Address: At Hol Tarfe Ranala, Taluka and District Nandurbar.

2. Pramilabai Baburao Patil,

Age: Major, Occupation: Agriculture Address: At Hol Tarfe Ranala, Taluka and District Nandurbar.

3. Baburao Mahadu Patil,

Age: Major, Occupation: Agriculture Address: At Hol Tarfe Ranala, Taluka and District Nandurbar.

4. Nirmalabai Baburao Patil,

Age: Major, Occupation: Agriculture Address: At Hol Tarfe Ranala, Taluka and District Nandurbar.

5. Raosaheb Baburao Patil,

Age: Major, Occupation: Agriculture Address: At Hol Tarfe Ranala, Taluka and District Nandurbar.

6. Manoj Ravan Patil,

Age: Major, Occupation: Agriculture Address: At Hol Tarfe Ranala, Taluka and District Nandurbar.

…Defendants

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APPEARANCES

For the Applicant Mr. Atul A. Mishra -Advocate For Defendants Ex-parte

JUDGMENT

Delivered on 26.11.2025

The Applicant Bank has filed the present application for the

recovery of a sum of Rs. 68,66,734/- (Rupees Sixty Eight Lacs, Sixty Six Thousand, Seven Hundred and Thirty Four only), along with future interest from the date of filing of the Original Application, i.e., 30.01.2025, until the date of realization of the entire outstanding dues from the Defendants.

Brief facts of the application are as under:

The Applicant Bank states that the Defendant No. 1 to 4 had approached and requested the Applicant Bank to sanction Term Loan Facility for drip & pipeline irrigation system. Upon considering the request and financial needs of the Defendants, the Applicant Bank sanctioned Term Loan Facility of Rs. 14,50,000/vide, sanction letter dated 12.04.2012 on certain terms and

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conditions. The agreed rate of interest for aforesaid loan facility

was @14.10% 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.

In order to secure the aforesaid loan facility, the Defendants executed various loan documents in favour of the Applicant Bank. These included sanction letters, demand promissory notes, Deed of Declaration under Section 5 (1) of the Maharashtra State Agriculture Credit Act, 1974 registered with office of Sub Registrar, Nandurbar bearing book No. 390 dated 13.04.2012 and hypothecation agreement etc. Additionally, defendant No. 5 & 6 stood as guarantorS for defendant no. 1 to 4 and executed deed of guarantee on 17.04.2012 in favour of the Applicant Bank.

The Applicant Bank further contends that, in order to secure the aforesaid loan facilities, the Defendants executed Deed of Declaration under Section 5 (1) of the Maharashtra State

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Agriculture Credit Act, 1974 registered with office of Sub

Registrar, Nandurbar bearing book No. 390 dated 13.04.2012 in

respect of following properties:

i) All that piece and parcel of Gut No. 78/2, admeasuring 3 H 46 R, situated at Nimbel, Taluka and District Nandurbar.

ii) All that piece and parcel of Gut No. 71/2/B, admeasuring 1 H 50 R, situated at Hol, Taluka and District Nandurbar.

iii) All that piece and parcel of Gut No. 54/1/A, admeasuring 2 H 78 R, situated at Hatmhida, Taluka and District Nandurbar.

iv) All that piece and parcel of Gut No. 71/1/B, admeasuring 1 H 50 R, situated at Hol, Taluka and District Nandurbar.

v) All that piece and parcel of Gut No. 71/2/A, admeasuring 2 H 41 R, situated at Hol, Taluka and District Nandurbar.

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 demand of loan

amount and called upon the defendants to pay with the agreed

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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 26.03.2021. Therefore on 16.01.2025 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.

The defendants failed to appear in matter though they were served through RPAD. Hence, the defendants were proceeded exparte as per Order dated 05.08.2025.

The applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Shri. Somnath Bajrang Sasane, Chief Manager of the applicant Bank, and has produced on record the original loan transaction documents as Exh. AW-1(1) to AW-1(9) along with list of documents Exh.5 which corroborates the case of the applicant Bank.

(OA No.120/2025)

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

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.

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

The applicant Bank has claimed future interest @12% p.a. from the date of filing i.e. 30.01.2025 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. ORDER

(A) Original Application No. 120/2025 is allowed with costs.

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(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 68,66,734/- (Rupees Sixty Eight Lacs, Sixty Six Thousand, Seven Hundred and Thirty Four only), along with future interest @ 7% per annum (simple) from the date of filing of the Original Application i.e. 30.01.2025 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 properties. Vide Deed of Declaration under Section 5 (1) of the Maharashtra State Agriculture Credit Act, 1974 registered with office of Sub Registrar, Nandurbar bearing book No. 390 dated 13.04.2012 at Exh. AW-1(7) in the list of documents Exh. 5

i) All that piece and parcel of Gut No. 78/2, admeasuring 3 H 46 R, situated at Nimbel, Taluka and District Nandurbar.

ii) All that piece and parcel of Gut No. 71/2/B, admeasuring 1 H 50 R, situated at Hol, Taluka and District Nandurbar.

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iii) All that piece and parcel of Gut No. 54/1/A, admeasuring 2 H 78 R, situated at Hatmhida, Taluka and District Nandurbar.

iv) All that piece and parcel of Gut No. 71/1/B, admeasuring 1 H 50 R, situated at Hol, Taluka and District Nandurbar.

v) All that piece and parcel of Gut No. 71/2/A, admeasuring 2 H 41 R, situated at Hol, Taluka and District Nandurbar.

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

(E) Issue Recovery Certificate accordingly.

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

(G) File be consigned to the record room.

Sd/-

Pronounced in open court. Place: Aurangabad Date:.26.11.2025

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

(OA No.120/2025)

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