Allowed

Yes Bank v. Pratik Hemant Bendre

DRT25 Sept 2025OA/264/2022

Case brief

AI extract

What is this about?

This Debt Recovery Tribunal order allowed the applicant Bank's application for recovery. The Tribunal rejected the claim for hypothecated asset realization due to lack of detailed documentation, reduced the claim amount by deducting specific charges, and fixed future interest at 9% per annum.

What did the court decide?

The Defendants are directed to pay Rs. 20,92,859/- along with future interest at 9% per annum from 29.10.2021. A Recovery Certificate is issued.

Yes Bank versus Pratik Hemant Bendre — Contract and Commercial Disputes | DRT (2025)

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Presented on .. 29.10.2021 Registered on .. 02.04.2022 Decided on .. 25.09.2025 Duration .. Y—M—D 03--10--26

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IN THE DEBTS RECOVERY TRIBUNAL AT PUNE (Before Shri Dilip G. Murumkar, Presiding Officer) ORIGINAL APPLICATION No. 264/2022.

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Yes Bank Limited,

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A Banking Company within the meaning of Section 5 C of the Banking Regulation Act, 1949 and constituted under the Companies Act, 1956, having its Registered Office at 9^th Floor, Discovery of India, Nehru Centre, Dr. Annie Besant Road, Worli, Mumbai 400 018 and Branch Office at – Kalyani Nagar, Pune 410 014.

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… Applicant

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Versus

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1 Pratik Hemant Bendre, Ambyacha Mala, Ambale, Taluka Shirur, Pune 412 210.

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2 Anupama Hemant Bendre, Ambyacha Mala, Ambale, Taluka Shirur, Pune 412 210. … Defendants

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Appearances :-

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For Applicant Advocate Pradip Yadav. For Defendants Ex parte.

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Sanap ( OA No. 264/2022 ) 1 of 5

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Total Claim Amount – Rs.22,49,235/-

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JUDGMENT (Delivered on 25^th September, 2025)

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The Applicant Bank has filed the present application for recovery of the sum of Rs.22,49,235/- together with future interest @10% 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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Defendant No.1 is a borrower and defendant No.2 is coborrower. As per the loan application of the defendants, the applicant Bank sanctioned the construction equipment loan facility of Rs.21,63,290/- to the defendants on 11.10.2019.

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The applicant Bank further contended that in order to secure the aforesaid loan facility, the defendants have executed necessary loan and security documents in favour of the applicant Bank. The defendants have also hypothecated the construction equipment., namely, JCD/3DX bearing RTO registration No. MH-12-SL-7924 in favour of the applicant Bank.

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The applicant Bank contended that the defendants committed defaults in payment of installments and failed

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Sanap ( OA No. 264/2022 ) 2 of 5

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to regularize the accounts. Therefore, on 01.07.2021, the applicant Bank issued Recall 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 08.10.2024 passed below Application (Exhibit-1).

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The applicant Bank has filed Claim Affidavit of evidence (Exhibit-6) of Mr. Aadesh Shintre, Authorized Representative and Power of Attorney holder on behalf of the applicant Bank, and has produced on record the original loan transaction documents at Sr. Nos. AW-1 to AW-6 along with list (Exhibit 7), 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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Sanap ( OA No. 264/2022 ) 3 of 5

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The applicant Bank has claimed relief in respect of hypothecated assets. However, the hypothecation deed is not made available on the record to show detailed description with respect to the hypothecated assets, therefore, the relief in terms of hypothecated assets cannot be granted.

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The applicant Bank has claimed Late payment charges of Rs.53,424/-, Cheque bounce charges of Rs.11,505/- and other charges of Rs.91,447/- i.e. total of Rs.1,56,376/-, which cannot be granted and the same is required to be deducted from the total claim amount. Therefore, the total claim amount of Rs.22,49,235/- is reduced to Rs.20,92,859/-.

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The applicant Bank has claimed future interest @10% 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.

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Hence, I pass the following order.

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O R D E R

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A} Original Application No. 264/2022 is allowed with costs.

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B} Defendant Nos.1 and 2 either jointly or severally shall

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Sanap ( OA No. 264/2022 ) 4 of 5

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pay to the applicant Bank the sum of Rs.20,92,859/(Rupees Twenty Lakhs Ninety Two Thousand Eight Hundred Fifty Nine only) along with future interest @9% per annum from the date of filing of the Original Application i.e. 29.10.2021 till full payment/realization of the amount mentioned in this operative order.

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C} Issue Recovery Certificate. D} 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 : 25.09.2025 Debts Recovery Tribunal, Pune.

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Sanap ( OA No. 264/2022 ) 5 of 5

Yes Bank v. Pratik Hemant Bendre

Case brief

What is this about?

What did the court decide?

Yes Bank v. Pratik Hemant Bendre

Case brief

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What did the court decide?

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