Allowed

Union Bank of India v. Bapusaheb

DRT19 Sept 2025OA/1621/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal at Pune allowed the Union Bank of India's application for recovery of Rs.29.23 lakh against a borrower and seven guarantors. The court reduced the claimed future interest to 9% per annum and ordered the amount to be secured by mortgaged properties.

What did the court decide?

Recovery of Rs.29,23,033 along with future interest @9% per annum; sale of mortgaged properties entitled; Recovery Certificate issued.

Union Bank of India versus Bapusaheb — Contract and Commercial Disputes | DRT (2025)

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Presented on .. 27.08.2022 Registered on .. 30.12.2023 Decided on .. 19.09.2025 Duration .. Y—M—D 03--00--22

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IN THE DEBTS RECOVERY TRIBUNAL AT PUNE (Before Shri Dilip G. Murumkar, Presiding Officer) ORIGINAL APPLICATION No. 1621/2023.

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Union Bank of India,

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A body corporate constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970, having its head office at 239, Vidhan Bhavan Marg, Nariman Point, Mumbai – 400 021 and Branch Office at Kumbhar Ves, Solapur 413 002.

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… Applicant

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Versus

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1 Mr. Bapusaheb Ramling Pawar, Age – Adult, Occ. - Agri. & Business, R/o : Mohol Road, At and Post Vairag, Taluka Barshi, District Solapur 413 402.

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2 M/s. Gokul Sugar Industries Ltd., A private limited company duly incorporated and registered under the provisions of the Companies Act, 1956 and having its registered office at D-6/7, Vidhyavihar Apartment, Railway Line, Solapur 413 001.

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Sanap ( OA No. 1621/2023 ) 1 of 9

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3 Mr. Datta Balbhim Shinde, Age – Adult, Occ. - Agri. & Business,

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4 Mr. Kapil Balbhim Shinde, Age – Adult, Occ. - Agri. & Business,

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5 Mr. Ganpat Dattatray Shinde, Age – Adult, Occ. - Agri. & Business,

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6 Mr. Dhiraj Ganpat Shinde, Age – Adult, Occ. - Agri. & Business,

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7 Mr. Gokul Dattatray Shinde, Age – Adult, Occ. - Agri. & Business, Nos. 3 to 7 R/at – Flat No. D-7, Vidya Vihar Apartment, Railway Lines, Solapur 413 001.

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.. Defendants

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Appearances :-

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For Applicant Adv Bhakti Rokade i/b Adv Srinivas Y. For Defendants Ex parte.

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Total Claim Amount – Rs.29,23,033/-

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JUDGMENT

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(Delivered on 19^th September, 2025)

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The Applicant Bank has filed the present application for recovery of the sum of Rs.29,23,033/- together with future interest @11.50% per annum 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. 1621/2023 ) 2 of 9

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Defendant No.1 is a borrower. Defendant No.2, Private Limited Company is a Corporate Guarantor and defendant Nos. 3 to 7 are guarantors as well as mortgagors to the Term Loan facility granted to defendant No.1.

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Defendant No.1 is a harvesting and transport contractor and defendant No.2 had identified, arranged and engaged harvesting and transport contractors to whom defendant No.2 had to pay amount for harvesting and transportation activity.

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As per the loan application of defendant No.2, the applicant Bank sanctioned the aggregate/cumulative Term loan facility of Rs.20,00,00,000/- to defendant No.2 on 16.11.2017.

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Thereafter, as per the loan application of defendant No.1, the applicant Bank sanctioned Term Loan facility of Rs.29,00,000/- on 16.11.2017 to defendant No.1 at the instance of defendant No.2. Defendant Nos. 3 to 7 stood guarantors for the repayment of loan facility availed by defendant No.1.

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In order to secure the aforesaid loan facility, the defendants have executed necessary loan and security documents in favour of the applicant Bank. The

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Sanap ( OA No. 1621/2023 ) 3 of 9

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defendants have executed simple mortgage deed in favour of the applicant Bank in respect of (1) all that piece and parcel of Flat No. 301 admeasuring 103.38 square meters, Koral Butique, Plot No. 74 out of Old Survey No. 273, New Survey No. 17/2 situated at Majarewadi, Taluka North Solapur, District Solapur, owned by Mr. Datta Shinde; (2) all that piece and parcel of Agricultural land bearing Gat No. 6/2B admeasuring 2H 1R situated at village Dahitne, Taluka Akkalkot, District Solapur, owned by Mr. Kapil Shinde; (3) all that piece and parcel of Agricultural land bearing Gat No. 164/2 admeasuring 1H 20R situated at village Dhotri, Taluka South Solapur, District Solapur, owned by Mr. Ganpat Shinde; (4) all that piece and parcel of Agricultural land bearing Gat No. 166 admeasuring 4H 38R situated at village Dhotri, Taluka South Solapur, District Solapur, owned by Mr. Dhiraj Shinde; (5) all that piece and parcel of Agricultural land bearing Gat No. 169/1 admeasuring 2H 4R out of it 1H 84R situated at village Dhotri, Taluka South Solapur, District Solapur, owned by Mr. Gokul Shinde; (6) all that piece and parcel of Agricultural land bearing Gat No. 169/2 admeasuring 3H out of it 1H 84R situated at village Dhotri, Taluka

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Sanap ( OA No. 1621/2023 ) 4 of 9

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South Solapur, District Solapur, owned by Mr. Gokul Shinde; (7) all that piece and parcel of Agricultural land bearing Gat No. 169/4 admeasuring 2H 42R out of it 1H 83R situated at village Dhotri, Taluka South Solapur, District Solapur, owned by Mr. Gokul Shinde; (8) all that piece and parcel of Agricultural land bearing Gat No. 164/1 admeasuring 6H 59R out of it 1H 20R situated at village Dhotri, Taluka South Solapur, District Solapur, owned by Mr. Gokul Shinde; (9) all that piece and parcel of Agricultural land bearing Gat No. 164/3 admeasuring 6H 59R out of it 1H 20R situated at village Dhotri, Taluka South Solapur, District Solapur, owned by Mr. Gokul Shinde.

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Further, the defendant No.1 has also executed Debit Balance Confirmation Letter on 01.01.2021 and thereby confirmed the balance outstanding in loan account.

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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 05.01.2018, 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

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Sanap ( OA No. 1621/2023 ) 5 of 9

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04.07.2022, 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 09.05.2025 passed below Application (Exhibit-1).

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The applicant Bank has filed Claim Affidavit of evidence (Exhibit-6) of Mr. Vineet Kumar Singh, Branch Manager and Principal Officer of the applicant Bank, and has produced on record the original loan transaction documents at Sr. Nos. AW1-1 to AW1-14 along with list (Exhibit 9), 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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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 future interest @11.50% per annum. 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. Hence, I pass the following order.

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O R D E R

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A} Original Application No. 1621/2023 is allowed with costs.

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B} Defendant Nos. 1 to 7 either jointly or severally shall pay to the applicant Bank the sum of Rs.29,23,033/(Rupees Twenty Nine Lakhs Twentry Three Thousand Thirty Three only) along with future interest @9% per annum from the date of filing of the Original Application i.e. 27.08.2022 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) all that piece and parcel of Flat No. 301 admeasuring 103.38 square meters, Koral Butique, Plot No. 74 out of Old Survey No. 273, New Survey No. 17/2 situated at

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Sanap ( OA No. 1621/2023 ) 7 of 9

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Majarewadi, Taluka North Solapur, District Solapur, owned by Mr. Datta Shinde;

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(2) all that piece and parcel of Agricultural land bearing Gat No. 6/2B admeasuring 2H 1R situated at village Dahitne, Taluka Akkalkot, District Solapur, owned by Mr. Kapil Shinde;

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(3) all that piece and parcel of Agricultural land bearing Gat No. 164/2 admeasuring 1H 20R situated at village Dhotri, Taluka South Solapur, District Solapur, owned by Mr. Ganpat Shinde;

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(4) all that piece and parcel of Agricultural land bearing Gat No. 166 admeasuring 4H 38R situated at village Dhotri, Taluka South Solapur, District Solapur, owned by Mr. Dhiraj Shinde;

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(5) all that piece and parcel of Agricultural land bearing Gat No. 169/1 admeasuring 2H 4R out of it 1H 84R situated at village Dhotri, Taluka South Solapur, District Solapur, owned by Mr. Gokul Shinde;

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(6) all that piece and parcel of Agricultural land bearing Gat No. 169/2 admeasuring 3H out of it 1H 84R situated at village Dhotri, Taluka South Solapur, District Solapur, owned by Mr. Gokul Shinde;

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(7) all that piece and parcel of Agricultural land bearing

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Sanap ( OA No. 1621/2023 ) 8 of 9

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Gat No. 169/4 admeasuring 2H 42R out of it 1H 83R situated at village Dhotri, Taluka South Solapur, District Solapur, owned by Mr. Gokul Shinde;

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(8) all that piece and parcel of Agricultural land bearing Gat No. 164/1 admeasuring 6H 59R out of it 1H 20R situated at village Dhotri, Taluka South Solapur, District Solapur, owned by Mr. Gokul Shinde;

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(9) all that piece and parcel of Agricultural land bearing Gat No. 164/3 admeasuring 6H 59R out of it 1H 20R situated at village Dhotri, Taluka South Solapur, District Solapur, owned by Mr. Gokul Shinde,

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more particularly described in the Para No.5.14 of the Original Application.

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

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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/( Dilip G. Murumkar ) Place : Pune Presiding Officer Date : 19.09.2025 Debts Recovery Tribunal, Pune.

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Sanap ( OA No. 1621/2023 ) 9 of 9

Union Bank of India v. Bapusaheb

Case brief

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What did the court decide?

Union Bank of India v. Bapusaheb

Case brief

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