The Debts Recovery Tribunal allowed an application by Punjab National Bank for recovery of Rs. 25,30,711 due from an agricultural borrower who generally failed to appear and contest the proceedings.
Applicant to recover Rs. 25,30,711 along with future interest @ 7% p.a. (simple). Property sale authorization issued and Recovery Certificate to be issued.
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: 21.06.2023 Registered on: 06.03.2024 Decided on: 02.09.2025 Duration: Y M D 02 02 11
IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 133/2024
TOTAL CLAIM AMOUNT – Rs. 25,30,711/Punjab National Bank, A Body Corporate
constituted under the Banking companies (Acquisition and Transfer of Undertakings) Act 1970 & having it’s Head Office at Plot No. 4, Sector10, Dwarka, New Delhi-110075, having branches amongst the other places at Ghogargaon, Tq. Shirgonda, Dist. Ahmednagar through it’s POA, Mr. Rahul s/o Nathaji Potphode (Senior Manager), Age: 36 yrs, Occ.: Service, R/o.: Ghogargaon, Tq. Shirgonda, Dist. Ahmednagar 414001.
… Applicant
(OA No.133/2024)
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[AMBADAS]
Versus
Mr. Bhagchand Rambhau Pandule Age: Major, Occu.: Agriculture, R/o.: At Gat No. 184/3 & Gat No. 185/1 Nimgaon Gangarde, Tq. Karjat, Dist. Ahmednagar 414102.
…Defendant
APPEARANCES For the Applicant Mr. K. D. Pande -Advocate For Defendant Ex-parte
JUDGMENT Delivered on 02.09.2025
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[AMBADAS]
i.e., 21.06.2023, until the date of realization of the entire outstanding dues from the Defendant.
Brief facts of the application are as under:
(OA No.133/2024)
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[AMBADAS]
20.08.2018 & hypothecation agreement etc., in favour of the Applicant Bank
East: Sr. No. 185/1 West: Sr. No. 186/1 South: Sr. No. 183/1 North: Road
East: Sr. No. 188 West: Sr. No. 186/1 South: Sr. No. 184/3 North: Road
(OA No.133/2024)
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[AMBADAS]
The Applicant Bank further states that Defendant also executed a Hypothecation Agreement, thereby hypothecating in favour of the Applicant Bank crops, herds, fish, flocks, silkworms, cocoons, tools, equipment, fixtures, boats, machines, tractors, power tillers, tube wells, electric motors, diesel engines, and other movable assets.
(OA No.133/2024)
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the applicant Bank. Hence, this application is filed.
(OA No.133/2024)
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properties of the borrower which are mortgaged in favour of the applicant bank.
ORDER
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in this operative order.
20.08.2018 at Exh A-6 in list of documents Exh. 5
East: Sr. No. 185/1 West: Sr. No. 186/1 South: Sr. No. 183/1 North: Road
East: Sr. No. 188 West: Sr. No. 186/1 South: Sr. No. 184/3 North: Road
(D) The applicant Bank is entitled to sell the mortgaged
(OA No.133/2024)
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[AMBADAS]
immovable properties and
hypothecated
articles/goods, to recover its dues.
(F) The Registrar is directed to send the copy of the Judgment and Recovery Certificate to the applicant and defendant.
(G) File be consigned to the record room.
Sd/-
Pronounced in open court. Place: Aurangabad Date:.02.09.2025
(Dr. J. R. Chauhan) Presiding Officer Debts Recovery Tribunal, Aurangabad
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3 issues framed by the court
Whether the applicant bank is entitled to recover the outstanding loan amount secured by mortgage and hypothecation.
Whether future interest at a reasonable rate, less than the claimed rate, should be granted.
Whether the defendant being absent justifies the passing of an ex-parte order.
2 provisions across 2 enactments
Punjab National Bank
Mr. Bhagchand Rambhau Pandule
Dr. J. R. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
