Idbi Bank v. Komal
Case brief
What is this about?
The Debt Recovery Tribunal approved the defendant's default on a housing loan. After the defendants appeared ex-parte, the Tribunal adjusted claim amount by deducting arbitral interest and ordered payment of the balance with future interest at 9% per annum secured by mortgage.
What did the court decide?
Payment of Rs. 20,81,853 with future interest @ 9% p.a. from 21.01.2023; sale of mortgaged property in default; issue of Recovery Certificate.
What the court decided
Presented on: 21.01.2023 Registered on: 18.11.2023 Decided on: 24.09.2025 Duration: Y M D 02 08 03
IN THE DEBTS RECOVERY TRIBUNAL AT PUNE (Before Shri Dilip G. Murumkar, Presiding Officer) ORIGINAL APPLICATION No.1565/2023.
IDBI BANK LIMITED,
A Company incorporated and registered under the Companies Act, 1956 ( 1 of 1956) and a company within the meaning of Section 2(20) of the Companies Act, 2013 (18 of 2013) and a Banking Company under Section 5(c) of Banking Regulation Act of 1949 (10 of 1949) having its registered office at IDBI Tower, WTC Complex, Cuff Parade, Colaba, Mumbai-400 005 and having one of its branches amongst other places at Karanje, Satara, Annapurna Building, Guruprasad Colony, Dattanagar, ITI Road, Karanje, Satara – 415 002.
… Applicant
Versus
1. Mrs. Komal Ganesh Shinde
Age 33 years, Occ.- Housewife,
- 2 . Mr. Ganesh Janardhan Shinde Age 33 years, Occ.:- Job Both R/at Flat No.302, 2nd Floor, Jui Residency, New Vikas Nagar, Khed, Satara – 415 003.
…Defendants
Issues for consideration
3 issues framed by the court
Whether the application for recovery of home loan dues is maintainable in the absence of the defendants
Whether the claim amount should be reduced by unarbitrated penal interest
Whether future interest should be granted at 9% per annum instead of the claimed rate
Parties & counsel
- applicant
IDBI BANK LIMITED
- respondent
Komal Ganesh Shinde
- respondent
Ganesh Janardhan Shinde
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court