Allowed

Union Bank of India v. Vasant Punju Patil

DRT5 Dec 2025OA/163/2025

Case brief

AI extract

What is this about?

No. 163/2025 Debts Recovery Tribunal Aurangabad. Applicant bank claimed recovery of Rs. 20.39 lacs plus future interest from borrowers who default on a term loan secured by agricultural land and guarantee. Ex-parte order allowing claim with adjusted interest rate and sanction for sale of secured assets.

What did the court decide?

Defendants jointly and severally to pay Rs. 20,39,259.66 with future interest @ 9% p.a. simple; charge over mortgaged land confirmed; right to sell secured assets and issue Recovery Certificate direct

Union Bank of India versus Vasant Punju Patil — Banking and Recovery | DRT (2025)

¶1

Presented on: 25.02.2025 Registered on: 12.03.2025 Decided on: 05.12.2025 Duration: Y M D 00 09 10

¶2

IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 163/2025

¶3

TOTAL CLAIM AMOUNT – Rs. 20,39,259.66/-

¶4

Union Bank of India, A Body Corporate constituted

¶5

under the Banking companies (Acquisition & Transfer of Undertakings) Act 1970, Having its Registered office at 239, Vidhan Bhavan Marg, Nariman Point, Mumbai-400021 & having branches amongst the other places at Main Branch, Dhule through its Authorized Person, Mr. Bhatusing Shamsing Thakur (Branch Head), Age: 40 yrs., Occ.: Service, R/o. Station Road, Dhule.

… Applicant

Versus

(OA No.163/2025)

Page 1 of 8

[AMBADAS]

1. Mr. Vasant Punja Patil, Age: Major, Occ.: Agri. R/o.: At Post Borkund, Tq. & Dist. Jalgaon, 424001.

¶12

2. Mr. Manoj Shivaji Patil, Age: Major, Occ.: Agri. R/o.: At Post Borkund, Tq. & Dist. Jalgaon, 424001.

¶13

3. Mr. Raghunath Barku Patil, Age: Major, Occ.: Agri. R/o.: At Post Borkund, …Defendants Tq. & Dist. Jalgaon, 424001.

¶14

APPEARANCES For the Applicant Mr. K. D. Pande -Advocate For Defendants Ex-parte

¶15

JUDGMENT Delivered on 05.12.2025

¶16

The Applicant Bank has filed the present application for the recovery of a sum of Rs. 20,39,259.66/- (Rupees Twenty Lacs, Thirty Nine Thousand, Two Hundred Fifty Nine and Sixty Six Paisa only), along with future interest from the date of filing of the Original

(OA No.163/2025)

Page 2 of 8

[AMBADAS]

Application, i.e., 25.02.2025, until the date of realization of the entire outstanding dues from the Defendants.

¶21

Brief facts of the application are as under:

¶22

The Applicant Bank states that the Defendant No. 1 approached and requested the Applicant Bank for a Term loan facility. Upon considering the request and financial needs of the Defendant, the Applicant Bank sanctioned a Term loan facility of Rs. 5,50,000/vide sanction letter dated 03.07.2010 on certain terms and conditions. The agreed rate of interest for the aforesaid loan was @11.75% p.a. with half yearly rests. The Defendant also agreed to

¶23

pay additional interest @2% by way of liquidated damages in the event of any default in repayment.

¶24

In order to secure the aforesaid loan facility, the Defendant executed various loan documents in favour of the Applicant Bank. These included sanction letter, registered mortgage deed bearing daybook no. 4179 dated 30.06.2010, letter of undertaking,

(OA No.163/2025)

Page 3 of 8

[AMBADAS]

demand promissory note, & hypothecation agreement.

¶29

Additionally defendant No. 2 & 3 stood as guarantors for defendant No. 1 and executed deed of guarantee on 06.07.2010 in

¶30

favour of the Applicant Bank.

¶31

The Applicant Bank further contends that, in order to secure the aforesaid loan facility, the Defendant No. 1 created first charge

¶32

over his immovable property under daybook no. 4179 dated

¶33

30.06.2010 in favour of the Applicant Bank. The mortgage was

¶34

created in respect of the following property-

¶35

All that piece and parcel of Agricultural land admeasuring 3 Hector 04 R, out of Gut No. 395, situated at Village Borkund, Tq. & Dist. Dhule., which is bounded as under. East: Gut No. 379, West: Gut No. 399/2/B, South: Gut No. 396/1A, North: Gut No. 381/1.

¶36

The applicant bank contended that the defendants have failed to keep their promise and commitments agreed by them with regard

¶37

to due repayment of the loan amount. The defendants failed to

¶38

operate the loan account properly and failed to pay the agreed

(OA No.163/2025)

Page 4 of 8

[AMBADAS]

rate of interest as per terms and conditions of the sanction letter. Thereafter, the applicant bank repeatedly made demand of loan amount and called upon the defendants to pay with the agreed rate of interest thereon, but the defendants failed and neglected to pay the same. The loan account of the defendants became irregular and classified as NPA on 30.03.2024. Therefore, on 12.02.2025 the applicant bank issued legal notice to the defendants through their advocate. Despite service of Notices, the defendants failed and neglected to repay the outstanding dues of the applicant Bank. Hence, this application is filed.

¶43

The defendants failed to appear in matter though defendant No.1 & 2 were served through RPAD whereas defendant No. 3 has been served through paper publication. Hence, the defendants were proceeded ex-parte as per Order dated 06.10.2025

¶44

The applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Bhatusingh s/o. Shamsing Thakur, Branch Manager of the applicant Bank, and has produced on record the original loan transaction documents as Exh. A-1 to A-15 along with list of

(OA No.163/2025)

Page 5 of 8

[AMBADAS]

documents Exh.5 which corroborates the case of the applicant Bank.

¶49

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

¶50

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

¶51

The applicant Bank has claimed charge over immovable property of the borrower which is mortgaged in favour of the applicant bank.

¶52

The applicant Bank has claimed future interest @12.50% p. a. from the date of filing i.e. 25.02.2025 of this application till realization 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.

(OA No.163/2025)

Page 6 of 8

[AMBADAS]

ORDER

(A) Original Application No. 163/2025 is allowed with costs.

¶58

(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 20,39,259.66/- (Rupees Twenty Lacs, Thirty Nine Thousand, Two Hundred Fifty Nine and Sixty Six Paisa only), along with future interest @ 9% per annum (simple) from the date of filing of the O.A. i.e. 25.02.2025 till full payment/realization of the amount mentioned in this operative order.

¶59

(C) The aforesaid adjudicated amount is secured by the mortgage of the following immovable property bearing daybook no. 4179 vide registered simple mortgage deed dated 30.06.2010 at Exh. A-6 in list of documents Exh. 5.

(OA No.163/2025)

Page 7 of 8

[AMBADAS]

(D) The applicant Bank is entitled to sell the mortgaged

¶65

immovable property and hypothecated articles/goods etc., to recover its dues.

¶66

(E) Issue Recovery Certificate accordingly.

¶67

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

¶68

(G) File be consigned to the record room.

¶69

Sd/-

¶70

Pronounced in open court. (Dr. J. R. Chauhan) Place: Aurangabad Presiding Officer Date:.05.12.2025 Debts Recovery Tribunal, Aurangabad

¶71

(OA No.163/2025)

¶72

Page 8 of 8

¶73

[AMBADAS]

Union Bank of India v. Vasant Punju Patil

Case brief

What is this about?

What did the court decide?

Union Bank of India v. Vasant Punju Patil

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Union Bank of India versus Daga Ananda Patil

State Bank of India versus M/S Chetna Industries

State Bank of India versus Vinayak Vasantrao Raotole

State Bank of India versus Smt. Dhanshree Vishnukant Debadwar

Uco Bank versus Mrs Anita Manohar Pawar

Union Bank of India versus Mr. Subhash Mansaram Patil (Jadhav)