The Debts Recovery Tribunal allowed an original application filed by State Bank of India for recovery of loan dues of Rs. 31,14,419.28 along with future interest. Defendants were present ex-parte.
Recovery of Rs. 31,14,419.28 with future interest at 9% p.a.; entitlement to sell mortgaged property.
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: 09.05.2023 Registered on: 29.02.2024 Decided on: 07.11.2025 Duration: Y M D 02 05 28
IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 125/2024
TOTAL CLAIM AMOUNT – Rs. 31,14,419.28/-
State Bank of India,
(Erstwhile State Bank of Bikaner & Jaipur) A body corporate constituted under the provisions of the State Bank of India Act, 1955 (23 of 1955) and the successor to State Bank of Bikaner & Jaipur under the Acquisition of State Bank of Bikaner & Jaipur Order, 2017 passed by the Central Government under Section 35 of the State Bank of India Act, 1955 (23 of 1955) having it’s one of Local Head office at Synergy, Bandra-Kurla Complex, Bandra E, Mumbai, & Branches amongst the other places at RACPC, Aurangabad at Administrative Office (Zone-I), Plot No. 79, Town Centre, N-5, CIDCO, Aurangabad 431003, through its Dy. Manager Mr. Siddharth s/o Virendrakumar Jain, Age: 35 yrs., Occ.: Service, R/o. CIDCO, Aurangabad 431003.
… Applicant
(OA No.125/2024)
Page 1 of 8
[AMBADAS]
Versus
1. Mr. Mohammed Javed Ali, Age: Major, Occ.: Business, R/o.: House No. 8-12-326, Qaiser Colony, Galli No. 4, Aurangabad 431001.
AND/OR
Mr. Mohammed Javed Ali, s/o. Mohammed Mauzam Ali Age: Major, Occ.: Business, R/o.: National Car Décor, P.No. 5-2-2024, Lane No. 4, Qaiser Colony, Champa Chowk, Opp. To Dr. Zakir Hussain College, Aurangabad 431001.
2. Mr. Mohammed Mauzam Ali
Age: Major, Occ.: Business, R/o.: House No. 8-12-326, Qaiser Colony, Galli No. 4, Aurangabad 431001.
…Defendants
APPEARANCES For the Applicant Mr. K.D. Pande -Advocate For Defendants Ex-parte
JUDGMENT Delivered on 07.11.2025
recovery of a sum of Rs. 31,14,419.28/- (Rupees Thirty One Lacs,
(OA No.125/2024)
Page 2 of 8
[AMBADAS]
Fourteen Thousand, Four Hundred Nineteen and Twenty Eight Paisa only), along with further interest from the date of filing of the Original Application, i.e., 09.05.2023, until the date of realization of the entire outstanding dues from the Defendants.
Brief facts of the application are as under:
(OA No.125/2024)
Page 3 of 8
[AMBADAS]
These included sanction letter, letter of undertaking, housing loan
agreement, registered mortgage deed bearing daybook no. 4708 dated 02.07.2015 & hypothecation agreement etc. Additionally defendant No. 2 stood as guarantor for defendant no. 1 and executed deed of guarantee on 25.06.2015 in favour of the Applicant Bank.
All that piece and parcel of Flat No. B-2, admeasuring 42.10 sq. mtrs. on 1st Floor of Building known as “SAFA-MARVA” complex constructed on CTS No. 9694, situated at Kumbharwada, Roshangate, Aurangabad, which is bounded as under:
East: Property of Ratan Bagle, West: Property of Shaikh Yusuf South: Common Road, North: Road.
(OA No.125/2024)
Page 4 of 8
[AMBADAS]
(OA No.125/2024)
Page 5 of 8
[AMBADAS]
(OA No.125/2024)
Page 6 of 8
[AMBADAS]
of the claim amount. However, considering the facts of the case, I am of the opinion that if future interest is granted @ 9% per annum (simple), it would be just and reasonable rate of interest.
ORDER
(OA No.125/2024)
Page 7 of 8
[AMBADAS]
All that piece and parcel of Flat No. B-2, admeasuring 42.10 sq. mtrs. on 1st Floor of Building known as “SAFAMARVA” complex constructed on CTS No. 9694, situated at Kumbharwada, Roshangate, Aurangabad, which is bounded as under: East: Property of Ratan Bagle, West: Property of Shaikh Yusuf South: Common Road, North: Road.
(G) File be consigned to the record room.
Sd/-
Pronounced in open court. Place: Aurangabad Date:.07.11.2025
(Dr. J. R. Chauhan) Presiding Officer Debts Recovery Tribunal, Aurangabad
(OA No.125/2024)
Page 8 of 8
[AMBADAS]
State Bank of India
Dr. J. R. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
