Debts Recovery Tribunal allowed the bank's application for recovery of Rs. 22,48,440 and future interest without a written statement from defendants, securing the claim against mortgaged agricultural land.
Defendants jointly and severally to pay Rs. 22,48,440 plus future interest at 12% p.a.; adjudicated amount secured by mortgage; recovery certificate 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: 07.03.2022 Registered on: 29.06.2022 Decided on: 10.09.2025 Duration: Y M D 03 06 03
IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 182/2022
TOTAL CLAIM AMOUNT – Rs. 22,48,440/-
Bank of Baroda ,
A body corporate constituted under the under the
Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970, having its Head Office at Mandvi Dist. Baroda State Gujarat & having one of its Branch at Paithan, Tq. Paithan, Dist Aurangabad, through its Senior Manager Pashu s/o Lal Ahmed Atkalikar Age:: 36 years, Occ.: Service, as Senior Manager, R/o. Paithan, Tq. Paithan, Dist Aurangabad.
… Applicant
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Versus
…Defendants
3. Shaikh Osman Shaikh Gaforr, Age: Major, Occ.: Business, R/o.: At Post, Nandar Tq. Paithan, Dist. Aurangabad.
APPEARANCES For the Applicant Mr. A. L. Muley -Advocate For Defendants Ex-parte
JUDGMENT Delivered on 10.09.2025
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future interest from the date of filing of the Original Application, i.e., 07.03.2022, until the date of realization of the entire outstanding dues from the Defendants.
Brief facts of the application are as under:
demand promissory notes, letter of undertaking, registered
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mortgage deed vide its registration no. 2475/2014 dated 27.03.2014. Additionally defendant No. 2 & 3 stood as
guarantors for defendant No. 1 and executed deed of guarantee
on 24.03.2014 in favour of the Applicant Bank
All that piece and parcel agricultural land Gut No. 110, plot no. 46/P, admeasuring area 155 sq. mtrs. Situated at Mundhalwadi, Tq. Paithan, dist. Aurangabad, which is bounded as under:
East: Plot No. 46/P South: Plot No. 45. West: Plot No. 47. North: Road.
keep their promise and commitments agreed by them with
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regard to due repayment of the loan amount. The defendants failed to operate the loan account properly and failed to pay the agreed 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. Therefore, on 10.02.2022 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.
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transaction documents as Exh. A-1 to A-14 along with list of documents Exh.5 which corroborates the case of the applicant Bank.
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of interest.
ORDER
(A) Original Application No. 182/2022 is allowed with
(B) The defendants shall jointly and severally pay to the applicant Bank a sum of Rs. 22,48,440/- ( Rupees Twenty Two Lacs, Forty Eight Thousand, Four Hundred and Forty only), along with future interest @ 12% per annum (simple) from the date of filing of the Original Application i.e. 07.03.2022 till full payment/realization of the amount mentioned in this operative order.
All that piece and parcel agricultural land Gut No. 110, plot no. 46/P, admeasuring area 155 sq. mtrs. Situated at Mundhalwadi, Tq. Paithan, dist. Aurangabad, which
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is bounded as under:
East: Plot No. 46/P South: Plot No. 47. West: Plot No. 45. North: Road.
(E) Issue Recovery Certificate accordingly.
(F) The Registrar is directed to send the copy of the Judgment and Recovery Certificate to the applicant and defendants.
(G) File be consigned to the record room.
Sd/-
Pronounced in open court. (Dr. J. R. Chauhan) Place: Aurangabad Presiding Officer Date:. 10.09.2025 Debts Recovery Tribunal, Aurangabad
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1 issue framed by the court
Whether the applicant bank is entitled to recover outstanding dues and charge over mortgaged property.
Bank of Baroda
M/s. Raj Traders Through its proprietor, Shaikh Mumbarak Shaikh Gaforr
Shaikh Nizam Shaikh Gaforr
Shaikh Osman Shaikh Gaforr
J. R. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
