Allowed

Bank of Maharashtra v. Sindhubai Dadasaheb Bendre

DRT18 Dec 2025OA/277/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the Bank of Maharashtra's application for recovery of a cash credit loan of Rs. 20,66,628 and future interest at 6% p.a. against three respondents who failed to appear. The tribunal decreed the sale of mortgaged properties as security for the dues.

What did the court decide?

Decree for Rs. 20,66,628 plus future interest at 6% p.a.; direction to auction mortgaged properties; issuance of recovery certificate.

Bank of Maharashtra versus Sindhubai Dadasaheb Bendre — Banking and Recovery | DRT (2025)

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Presented on: 28.10.2023 Registered on: 16.04.2024 Decided on: 18.12.2025 Duration: Y M D 02 01 20

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 277/2024

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TOTAL CLAIM AMOUNT – Rs. 20,66,628/-

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Bank of Maharashtra,

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(A Government of India Undertaking) having its Central Office at Lokmangal, Shivaji Nagar, Pune, and amongst other branches a branch Babhaleshwar, Tq. Rahata, Dist. Ahmednagar, Through its Authorized Officer, Shri. Aniruddha Dnyanewar Maid, Age: 36 years, Occ. Service as Branch Manager, R/o. Bank of Maharashtra, Babhaleshwar Branch, Near Shri. Datta Medical Jai Hari Complex, Babhaleshwar Tq. Rahata, …Applicant Dist. Ahmednagar

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Versus

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1. Sindhubai Dadasahehb Bendre , Age: 62 years, Occ.: Agriculture, R/o.: Babhaleshwar, Tq. Rahata, Dist. Ahmednagar.

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2. Jagdish Nanasahb Bendre ,

(OA No.277/2024)

Page 1 of 9

[AMBADAS]

Age: 42 years, Occ.: Agriculture, R/o.: Babhaleshwar, Tq. Rahata, Dist. Ahmednagar.

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3. Sagar Dadasahehb Bendre , Age: 44 years, Occ.: Agriculture, R/o.: Babhaleshwar, Tq. Rahata, Dist. Ahmednagar.

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APPEARANCES

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For the Applicant For Defendants

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…Defendants

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Mr. Natu V. Sharad -Advocate Ex-parte

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JUDGMENT

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Delivered on 26.11.2025

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The Applicant Bank has filed the present application for the recovery of a sum of Rs. 20,66,628/- (Rupees Twenty lacs, Sixty Six Thousand, Six Hundred and Twenty Eight only), along with further interest from the date of filing of the Original Application, i.e., 28.10.2023, until the date of realization of the entire outstanding dues from the Defendants.

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Brief facts of the application are as under:

(OA No.277/2024)

Page 2 of 9

[AMBADAS]

The applicant bank states that, defendant No. 1 approached the applicant bank seeking financial assistance in the form of Cash Credit Facility for agriculture work. Upon scrutiny of the submitted documents, the applicant bank sanctioned Cash Credit Facility of Rs. 18,50,000/- vide sanction letter dated 26.08.2019. The agreed rate of interest for aforesaid loan facility was @7% p.a. with half yearly rests. The defendants also agreed to pay an additional interest @ 2% by way of liquidated damages in case of default in repayment.

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In order to secure the aforesaid loan facility, the Defendants executed various loan documents in favour of the Applicant Bank. These included sanction letter, demand promissory note, Mortgage U/s. 5(1) of the Maharashtra Provision of Facilities for Agricultural Credit By Banks Act, 1974 etc., Additionally defendant No. 2 & 3 stood as guarantors for defendant and

(OA No.277/2024)

Page 3 of 9

[AMBADAS]

executed deed of guarantee dated 26.08.2019 in favour of the

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Applicant Bank.

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The Applicant Bank further contends that, in order to secure the loan facilities sanctioned, the Defendants created first charge over their immovable property by executing Mortgage U/s. 5(1) of the Maharashtra Provision of Facilities for Agricultural Credit By Banks Act, 1974. The mortgage was created in respect of the following properties:

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i) All that piece and parcel of land Gut No. 133/2, admeasuring 1 H 58 R, situated at Babhlaswar Kd, which is bounded as under: North: Gut No. 133/3 West: Gut No. 134, South: Gut No. 133, East: Road.

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ii) All that piece and parcel of land Gut No. 136, admeasuring 1 H 02 R, situated at Babhlaswar Kd, which is bounded as under: North: Gut No. 137, West: Gut No. 135, South: Gut No. 133/3, East: Road.

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iii) All that piece and parcel of land Gut No. 92, admeasuring 1.58 R, situated at Babhlaswar Kd, which is bounded as under: North: Gut No. 92 (remaining portion)

(OA No.277/2024)

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[AMBADAS]

West: Gut No. 92 (remaining portion) South: Gut No. 92 (remaining portion) East: Road.

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The applicant bank contended that the defendants have failed to keep their promise and commitments agreed by them with 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 on 26.02.2023. Therefore, 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.

(OA No.277/2024)

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[AMBADAS]

The defendants failed to appear in matter though they were served through RPAD. Hence, the defendants were proceeded exparte as per Order dated 04.12.2025.

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The applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Mr. Anirudha Dnyaneshwar Maid, Branch Manager of the applicant Bank, and has produced on record the original loan transaction documents as Annexure A-1 to A-15 along with list of documents Exh.5 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 the unrebutted evidence of the applicant Bank. Therefore, the applicant Bank is entitled for the reliefs as claimed.

(OA No.277/2024)

Page 6 of 9

[AMBADAS]

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

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The applicant Bank has claimed future interest @ 7% p.a. from the date of filing i.e. 28.10.2023 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 @ 6% per annum (simple) on outstanding amount, it would be just and reasonable rate of interest.

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ORDER

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(A) Original Application No. 277/2024 is allowed with costs.

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(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 20,66,628/- (Rupees Twenty lacs, Sixty Six Thousand, Six Hundred and Twenty Eight only), along with future interest @ 6% per annum (simple) from the date of filing of the O.A. i.e. 28.10.2024

(OA No.277/2024)

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[AMBADAS]

till full payment/realization of the amount mentioned in this operative order.

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mortgage of the following immovable properties vide documents at Annexure A-10 and A-11 in the list of documents Exh. 5.

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i) All that piece and parcel of land Gut No. 133/2, admeasuring 1 H 58 R, situated at Babhlaswar Kd, which is bounded as under: North: Gut No. 133/3 West: Gut No. 134, South: Gut No. 133, East: Road.

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ii) All that piece and parcel of land Gut No. 136, admeasuring 1 H 02 R, situated at Babhlaswar Kd, which is bounded as under: North: Gut No. 137, West: Gut No. 135, South: Gut No. 133/3, East: Road.

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iii) All that piece and parcel of land Gut No. 92, admeasuring 1.58 R, situated at Babhlaswar Kd, which is bounded as under: North: Gut No. 92 (remaining portion) West: Gut No. 92 (remaining portion) South: Gut No. 92 (remaining portion) East: Road.

(OA No.277/2024)

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[AMBADAS]

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

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immovable property, to recover its dues.

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(E) Issue Recovery Certificate accordingly.

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

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(G) File be consigned to the record room.

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Sd/Pronounced in open court. (Dr. J. R. Chauhan) Place: Aurangabad Presiding Officer Date:.18.12.2025 Debts Recovery Tribunal, Aurangabad

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(OA No.277/2024)

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Page 9 of 9

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[AMBADAS]

Bank of Maharashtra v. Sindhubai Dadasaheb Bendre

Case brief

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Bank of Maharashtra v. Sindhubai Dadasaheb Bendre

Case brief

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