Allowed

Bank of India v. Mr Mansoor Kha Mohd Kha

DRT4 Nov 2025OA/6/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an application for recovery under Section 19 of the RDB Act, 1993. It ordered the defendant borrowers to pay the principal and future interest while disallowing penal interest and specific charges. A recovery certificate was issued.

What did the court decide?

Defendants to pay Rs. 21,78,921.28 plus future interest @7.45% p.a.; Rejection of penal interest and notice charges; Recovery Certificate issued.

Bank of India versus Mr Mansoor Kha Mohd Kha — Banking and Recovery | DRT (2025)

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Page 1 of 3 O.A. No. 06/2023

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PRESENTED ON : 23.09.2022 REGISTERED ON : 05.01.2023

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Exh. No. 13

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BEFORE THE PO, DEBTS RECOVERY TRIBUNAL, NAGPUR Delivered by Pankaj Kumar

O.A. No. 06/2023

Bank of India

: Applicant

A body Corporate Constituted under The Banking Companies (Acquisition and Transfer of Undertaking) Act V of – 1970, having its Head Office at G- Block, C-5, Bandra Kurla Complex, Bandra (East), Mumbai – 400051 having branches all over India and abroad including one at Akola Main Br., Chandekar Bhawan M.G. Road, Akola, [IFSC Code – BKID0009650] Through its Constituted Power of Attorney Sh. Vaibhav S/o. Uddhavrao Lahane [Mobile - 7020514833, E-mail ID – [email protected]]

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Versus

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1. Mr. Mansoor Kha Mohd. Kha,

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: Defendants

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Aged about Major, Occupation- Service Muskit Tower, In front of Kainath Coloney Ganga Nagar, Akola – 444002. [PAN No. CTMPM6194A]

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2. Mr. Mohd. Salman

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Aged about Major, Occupation- Service

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New Joglekar Plots Nr. Gulmohar Building Dabki Road, Akola

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Learned Counsel for Applicant Adv. Awadhoot T. Purohit Defendants Set Exparte On 10.05.2024

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Page 2 of 3 O.A. No. 06/2023

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JUDGMENT (Delivered on 04^th Day of November, 2025)

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This is an application filed by the applicant U/s 19 of RDB Act, 1993 against defendants for recovery of aggregate amount of Rs. 22,25,000/- with costs and future interest @7.45% p.a. in Housing Loan Account No. 965075110000164 with monthly rests from the date of filing of O.A. till the date of realization .

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Though, defendant nos. 1 & 2 were duly served with the suit summons vide Exh. 6, 9 & 10 they failed to cause appearance before this Tribunal to defend their case despite granting several adjournments. Hence, the proceeding against defendant nos. 1 & 2 was set exparte on 10.05.2024.

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The applicant has filed its Claim Affidavit (Exh. 11) alongwith List of Documents (Exh. 12), annexing therewith 15 documents. The original documents therein are marked as Exh. AW-1/1 to AW-1/13. The applicant has stated in the O.A. as well as in claim affidavit that the penal interest of Rs. 6718.21 and Notice and Other Charges of Rs. 39,360.51 have been charged in the Housing Loan Account.

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Heard Learned counsel for the applicant.

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As stated supra, defendants remained exparte. The Evidence Affidavit coupled with the recitals in the documents viz. Exh. AW -1/1 to AW-1/13 marked on behalf of the applicant, clinches the claim of the applicant against defendants. There is no reason to disbelieve the evidence adduced on behalf of applicant. Hence, defendants are liable to pay, jointly and severally, the claim of the applicant with costs and future interest. However, I am not inclined to allow the penal interest

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Page 3 of 3 O.A. No. 06/2023

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of Rs. 6718.21 and Notice and Other Charges of Rs. 39,360.51 as the O.A. is allowed with costs.

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Hence, it is ordered as under:-

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ORDER

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A] O.A. No. 06/2023 is allowed to the extent as under with costs.

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B] Defendants to pay jointly and severally to the applicant bank an amount of Rs. 21,78,921.28 (Rupees Twenty One Lakh Seventy Eight Thousand Nine Hundred Twenty One & Paise Twenty Eight Only) outstanding in Housing Loan Account No. 965075110000164 with simple future interest @7.45% p.a. from the date of filing of O.A. till its realization.

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C] It is declared that outstanding dues are secured by mortgaged immovable properties of defendants as described in The Schedule of Mortgaged Properties in O.A and as referred in Exh. AW-1/5, AW-1/9 & AW-1/10.

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D] Issue Recovery Certificate accordingly.

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E] The Registrar is directed to send the copy of Judgment and Recovery Certificate to the parties to this O.A at once.

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Nagpur (Pankaj Kumar) Presiding Officer Date: 04.11.2025 Debts Recovery Tribunal Nagpur

Bank of India v. Mr Mansoor Kha Mohd Kha

Case brief

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Bank of India v. Mr Mansoor Kha Mohd Kha

Case brief

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