Allowed

Kotak Mahindra Bank Limited v. Milind

DRT7 Jul 2025OA/1602/2023

Case brief

AI extract

What is this about?

In an ex-parte application for recovery of dues, the Debts Recovery Tribunal allowed the bank's claim against defaulting borrowers and guarantors. The court awarded the secured amount with future interest at 7.55% per annum and directed the issuance of a Recovery Certificate secured by mortgaged land.

What did the court decide?

Directed respondents to pay Rs.51,18,674/- with future interest @7.55% p.a.; issued Recovery Certificate and directed sale of mortgaged property.

Kotak Mahindra Bank Limited versus Milind — Money Laundering | DRT (2025)

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Presented on .. 29.11.2022 Registered on .. 15.12.2023 Decided on .. 07.07.2025 Duration .. Y—M—D 02--07--08

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IN THE DEBTS RECOVERY TRIBUNAL AT PUNE (Before Shri Dilip G. Murumkar, Presiding Officer) ORIGINAL APPLICATION No. 1602/2023.

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Kotak Mahindra Bank Ltd.,

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A Banking Company under Section 5 (c) of the Banking Regulation Act, 1949 having its Registered Office at 27 BKC, C 27, G Block Bandra Kurla Complex, Bandra (E), Mumbai – 400051 and Branch Office at Akruti Chambers, Near Laxmi Maryan, Pune-Satara Road, Pune 411 037.

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… Applicant

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Versus

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1 Shri Milind Laxmandas Doshi, Age 51 years, Occ. Business, R/at – Gat No. 66, Near Old Gram Panchayat, Main Road, Patas, Taluka Daund, District Pune 412 219.

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2 Shri Mahesh Laxmandas Doshi, Age 54 years, Occ. Business, R/at – Gat No. 66, Near Old Gram Panchayat, Main Road, Patas, Taluka Daund, District Pune 412 219.

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Sanap ( OA No. 1602/2023 ) 1 of 7

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3 Smt. Sulochana Laxmandas Doshi, Age 74 years, Occ. Business, R/at – Gat No. 66, Near Old Gram Panchayat, Main Road, Patas, Taluka Daund, District Pune 412 219.

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4 Smt. Manali Mangesh Doshi, Age 41 years, Occ. Business, R/at – Gat No. 66, Near Old Gram Panchayat, Main Road, Patas, Taluka Daund, District Pune 412 219.

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5 M/s. L.V. Dairys Patas, A Partnership Firm having its office at – Gat No.947/2, Station Road, Village - Patas, Taluka Daund, District Pune 412 219. … Defendants

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:- Appearances

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For Applicant Advocate Priti Bhat. For Defendants Ex parte.

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Total Claim Amount – Rs.51,37,288/-

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JUDGMENT

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(Delivered on 07^th July, 2025)

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The Applicant Bank has filed the present application for recovery of the sum of Rs.51,37,288/- together with future interest at contractual rate from the date of Application till realization of the entire dues from the defendants.

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Brief facts of the application are as under :-

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Sanap ( OA No. 1602/2023 ) 2 of 7

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Defendant No.1 is the borrower, defendant Nos.2 to 4 are the mortgagors and defendant Nos. 2 to 5 are the guarantors to the loan facilities offered to defendant No.1. As per the loan application of defendant No.1, the applicant Bank sanctioned the Secured Loan facility of Rs.50,00,000/- to defendant No.1 vide Sanction Letter dated 21.09.2021.

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In order to secure the aforesaid loan facility, the defendants executed loan and necessary security documents in favour of the applicant Bank. The defendants have also executed deed of mortgage dated 14.10.2021 in respect of –

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(1) Non Agricultural Plot of land admeasuring 21,300 sq. mtrs. i.e. 2H 76R out of Gat No. 947/3 situated at village Patas, Taluka Daund, District Pune,

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(2) all that piece and parcel of plot land admeasuring 2H 77R i.e. 23,600 sq. mtrs. out of Gat No. 947/2 situated at village Patas, Taluka Daund, District Pune and

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(3) all that piece and parcel of land bearing City Survey No. 467 admeasuring 22.06 sq. mtrs., City Survey No. 468 admeasuring 19.08 sq. mtrs. and City Survey No. 469 admeasuring 708.04 sq. mtrs. together with construction thereon and having its Gram Panchayat Property No. 80,

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Sanap ( OA No. 1602/2023 ) 3 of 7

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81, 82 and 83 situated at village Patas, Taluka Daund, District Pune, in favour of the applicant Bank.

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The applicant Bank contended that the defendants committed defaults in payment of installments and failed to regularize the accounts. Hence, on 01.03.2022, the applicant Bank has classified the account of the defendants as Non Performing Asset in accordance with guidelines of Reserve Bank of India. Therefore, on 11.04.2022, the applicant Bank issued legal Notice to the defendants. Despite service of Notice, the defendants failed and neglected to pay the outstanding dues of the applicant Bank.

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Hence, this application is filed.

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The defendants failed to appear despite service of summons. Hence, the application proceeded ex-parte against the defendants as per Order dated 19.11.2024 passed below Application (Exhibit-1).

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The applicant Bank has filed Claim Affidavit of evidence (Exhibit-9) of Satejpal Kapoor, Manager of the applicant Bank, and has produced on record the original loan transaction documents at Sr. Nos. AW-1-1 to AW-1-3 along with list which corroborates the case of the applicant Bank.

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

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Sanap ( OA No. 1602/2023 ) 4 of 7

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Since the defendants failed to appear and contest the application, I find no reason to disbelieve evidence of the applicant Bank. Therefore, the applicant Bank is entitled for reliefs as claimed.

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The applicant Bank has claimed Penal Interest of Rs.18,614/-, which cannot be granted and the same is required to be deducted from the total claim amount. Therefore, the total claim amount of Rs.51,37,288/- is reduced to Rs.51,18,674/-.

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The applicant Bank has claimed future interest at contractual rate. However, on perusal of the Original Application and Claim Affidavit of the applicant Bank, there is no mention about contractual rate of interest. But on going through the Schedule 1.1 of Sanction Letter, it appears that agreed rate of interest was at the rate of 7.55%. Thus, considering the facts of the case, I am of the opinion that if future interest is granted @7.55% per annum (simple), it would be just and reasonable rate of interest. Hence, I pass the following order.

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O R D E R

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A} Original Application No. 1602/2023 is allowed with proportionate costs.

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B} Defendant Nos.1 to 5 either jointly or severally shall pay to the applicant Bank the sum of Rs.51,18,674/- (Rupees

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Sanap ( OA No. 1602/2023 ) 5 of 7

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Fifty One Lakhs Eighteen Thousand Six Hundred Seventy Four only) along with future interest @7.55% per annum from the date of filing of the Original Application i.e. 29.11.2022 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 in respect of –

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(1) Non Agricultural Plot of land admeasuring 21,300 sq. mtrs. i.e. 2H 76R out of Gat No. 947/3 situated at village Patas, Taluka Daund, District Pune,

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(2) all that piece and parcel of plot land admeasuring 2H 77R i.e. 23,600 sq. mtrs. out of Gat No. 947/2 situated at village Patas, Taluka Daund, District Pune and

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more particularly described in the Para No. 7 of the Original Application.

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D} The applicant Bank is entitled to sell the mortgaged property to recover its dues.

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Sanap ( OA No. 1602/2023 ) 6 of 7

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E} Issue Recovery Certificate.

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

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Sd/-

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( Dilip G. Murumkar ) Place : Pune Presiding Officer Date : 07.07.2025 Debts Recovery Tribunal, Pune.

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Sanap ( OA No. 1602/2023 ) 7 of 7

Kotak Mahindra Bank Limited v. Milind

Case brief

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Kotak Mahindra Bank Limited v. Milind

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