The Debts Recovery Tribunal allowed an application by State Bank of India against a borrower who failed to repay home loan dues. The court granted the principal amount, future interest at 9% per annum, and the right to sell the mortgaged property.
Payment of Rs. 38,21,422.03/- with future interest @ 9% p.a. and right to sell mortgaged property to recover dues.
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: 04.07.2023 Registered on: 01.01.2024 Decided on: 15.10.2025 Duration: Y M D 02 03 11
IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 21/2024
TOTAL CLAIM AMOUNT – Rs. 38,21,422.03/-
STATE BANK OF INDIA
A body corporate constituted under the provisions of
State Bank of India Act, 1955 (23 of 1955) having it’s
one of Local Head office at Synergy, Bandra-Kurla
Complex, Bandra (E), Mumbai, & Branches amongst
the other places at Gangakhed, Tq. Gangakhed, Dist.
Parbhani & having Stressed Assets Recovery Branch
(SARB) at Plot No. 79, N-5, CIDCO Aurangabad – 431003, through CCO & Dy. Manager Mr. Amit s/o
Mohan Bhilegaonkar, Age: 41 years., Occ.: Service,
… Applicant
R/o. CIDCO, Aurangabad.
(OA No.21/2024)
Page 1 of 8
[AMBADAS]
Versus
Mr. Kalyan Manohar Patange, Age: Major, Occ.: Business R/o.: MCH No. 77-A/3/1, Sy. No. 442, Vakil Colony, Gangakhed, Tq. Gangakhed, Dist. Parbhani 431514.
…Defendant
APPEARANCES
For the Applicant Mr. K. D. Pande Advocate For Defendant Ex-parte
JUDGMENT
Delivered on 15.10.2025
the Original Application, i.e., 04.07.2023, until the date of realization of the entire outstanding dues from the Defendant. Brief facts of the application are as under:
(OA No.21/2024)
Page 2 of 8
[AMBADAS]
and need of the defendant, the Applicant Bank sanctioned a Home
loan of Rs. 20,00,000/- vide arrangement letter dated 25.02.2016 on certain terms and conditions. The agreed rate of interest was @ 9.75% p.a. with monthly rests. The defendants also agreed to pay an additional interest by way of liquidated damages @ 2% p.a.
in case of default in repayment.
That, thereafter, the defendant approached to the applicant bank for sanctioning of Additional Home Loan facility and upon considering the application of the defendant, the applicant bank sanctioned Additional Home Loan facility of Rs. 19,80,000/- vide it’s Arrangement Letter dated 22.05.2020 on certain terms and conditions. The agreed rate of interest was @ 8.50% p.a. with monthly rests. The defendants also agreed to pay an additional interest by way of liquidated damages @ 2% p.a. in case of default in repayment.
(OA No.21/2024)
Page 3 of 8
[AMBADAS]
executed various loan documents in favour of the Applicant Bank, including the arrangement letters, agreement of housing loan, registered sale deeds bearing daybook nos. 485 & 715 dated 25.02.2016 & 20.05.2020 etc., in favour of the Applicant Bank.
mortgage was created in respect of the following property –
All that piece & parcel of House No. 77-A/3/1, admeasuring 185.77 sq. mtrs., out of Survey No. 442, Vakil Colony, Gangakhed, Tq. Gangakhed, Dist. Parbhani, which is bounded as under:
East: - Walsetwar Shop, West: - Road, South:- Shigedar Residency North: - Colony Road
(OA No.21/2024)
Page 4 of 8
[AMBADAS]
(OA No.21/2024)
Page 5 of 8
[AMBADAS]
the applicant Bank, and has produced on record the original loan transaction documents as Exh. A-1 to A-15 as per list of documents Exh. 5 which corroborates the case of the applicant Bank.
(OA No.21/2024)
Page 6 of 8
[AMBADAS]
interest is granted @ 9 % per annum (simple) on outstanding amount, it would be just and reasonable rate of interest.
ORDER
(B) The defendant shall pay to the applicant Bank a sum of Rs. 38,21,422.03/- (Rupees Thirty Eight Lacs, Twenty One Thousand, Four Hundred Twenty Two and Three Paisa only), along with future interest @ 9 % per annum (simple) on outstanding amount from the date of filing of the O.A. i.e. 04.07.2023 till full payment/realization of the amount mentioned in this operative order.
All that piece & parcel of House No. 77-A/3/1, admeasuring 185.77 sq. mtrs., out of Survey No. 442,
(OA No.21/2024)
Page 7 of 8
[AMBADAS]
Vakil Colony, Gangakhed, Tq. Gangakhed, Dist. Parbhani, which is bounded as under:
East: - Walsetwar Shop, West: - Road, South:- Shigedar Residency North: - Colony Road
(D) The applicant Bank is entitled to sell the mortgaged immovable property, to recover its dues.
(E) Issue Recovery Certificate accordingly.
(F) The Registrar is directed to send the copy of the Judgment and Recovery Certificate to the applicant and defendant.
(G) File be consigned to the record room.
Sd/Pronounced in open court. (Dr. J. R. Chauhan) Place: Aurangabad Presiding Officer Date:.15.10.2025 Debts Recovery Tribunal, Aurangabad
(OA No.21/2024)
Page 8 of 8
[AMBADAS]
1 issue framed by the court
Whether the defendant is liable to repay outstanding home loan dues amounting to Rs. 38,21,422.03/- along with interest.
1 provisions across 1 enactments
State Bank of India
Mr. Kalyan Manohar Patange
Dr. J. R. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
