Allowed

Bank of India v. Ashok Gopinath Avhale

DRT26 Nov 2025OA/314/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the Bank of India's application for recovery of Rs. 60,30,730.75 against defaulting borrowers. The court granted the principal amount plus future interest at a moderated rate and enforced rights over mortgaged agricultural land.

What did the court decide?

Defendants to pay Rs. 60,30,730.75 with future interest at 9% p.a. from 10.05.2025; mortgaged properties declared as security; Recovery Certificate issued.

Bank of India versus Ashok Gopinath Avhale — Banking and Recovery | DRT (2025)

¶1

Presented on: 10.05.2025 Registered on: 23.05.2025 Decided on: 26.11.2025 Duration: Y M D 00 06 16

¶2

IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 314/2025

¶3

TOTAL CLAIM AMOUNT – Rs. 60,30,730.75/-

¶4

Bank of India

¶5

A Body Corporate constituted under the provisions of Banking Companies (Acquisition and Transfer of Undertakings) Act V of 1970, Having its Head Office at Star House, “C-5”, G-Block, Bandra Kurla Comples, Bandra (East), Mumbai and branch amongst other places at Bolthan, Tq. Nandgaon, Dist. Nashik, through its Power of Attorney, Mr. Vitthal Onkar Chavan, Age: 38 yrs., Occ.: Service, R/o. Chh. Sambhajinagar.

¶6

… Applicant

¶7

Versus

¶8

1. Mr. Ashok Gopinath Avhale, Age: Major, Occu.: Agri., R/o.: At H. No. 152, Sakegaon, Tq. Vaijapur, Dist. Chh. Sambhajinagar 431116.

(OA No.314/2025)

Page 1 of 9

[AMBADAS]

2. Smt. Kamalbai Ashok Avhale,

¶13

Age: Major, Occu.: Agri., R/o.: At H. No. 152, Sakegaon, Tq. Vaijapur, Dist. Chh. Sambhajinagar 431116.

¶14

3. Mr. Dnyaneshwar Appa Avhale,

¶15

Age: Major, Occu.: Agri., R/o.: At H. No. 152, Sakegaon, Tq. Vaijapur, Dist. Chh. Sambhajinagar 431116.

¶16

…Defendants

¶17

APPEARANCES

¶18

For the Applicant Mr. K.D. Pande Advocate For Defendants Ex-parte

¶19

JUDGMENT

¶20

Delivered on 26.11.2025

¶21

The Applicant Bank has filed the present application for the recovery of a sum of Rs. 60,30,730.75/- (Rupees Sixty Lacs, Thirty Thousand, Seven Hundred Thirty and Seventy Five only), along with further interest from the date of filing of the Original Application, i.e., 10.05.2025, until the date of realization of the entire outstanding dues from the Defendants.

¶22

Brief facts of the application are as under:

(OA No.314/2025)

Page 2 of 9

[AMBADAS]

That, the Defendant No. 1 & 2 had approached to the Applicant bank and requested to sanction a Term loan facilities and Crop Loan facility. Upon considering the request and need of the defendants, the Applicant Bank sanctioned a Term loan of Rs. 11,40,000/- another term loan of Rs. 2,10,000/- & Crop loan facility of Rs. 1,50,000/- vide sanction letter dated 28.09.2013 on certain terms and conditions. The agreed rate of interest was @ 10.25%, @ 13.75% & @13% p.a. respectively 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.

¶27

In order to secure the aforesaid loan facilities, the Defendants executed various loan documents in favour of the Applicant Bank, including the sanction letter, demand promissory notes, registered mortgage deed bearing daybook no. 4060 dated 30.09.2013. Additionally Defendant No. 3 stood as guarantor for

(OA No.314/2025)

Page 3 of 9

[AMBADAS]

Defendant No.1 & 2 and executed a Deed of Guarantee dated

¶32

28.09.2013 in favour of the Applicant Bank.

¶33

The Applicant Bank further contends that, in order to secure the Housing Loan sanctioned to them, the Defendant No. 1 & 2 created first charge over their immovable property by executing a registered mortgage deed bearing daybook no. 4060 dated 30.09.2013, in favour of the Applicant Bank. The mortgage was

¶34

created in respect of the following property –

¶35

i) All that piece and parcel of Agricultural land, admeasuring 0 H 83 R out of Gat No. 374, situated at Village Sakegaon, Tq. Vaijapur, Dist. Aurangabad, which is bounded as under:

¶36

East :- Land of Rajendra Nemichand, West :- Road, North :- Land of Walmik Kashinath, South: - Land of Appasaheb Vishwanath.

¶37

ii) All that piece and parcel of Agricultural land, admeasuring 1 H 43 R out of Gat No. 336, situated at Village Sakegaon, Tq. Vaijapur, Dist. Aurangabad, which is bounded as under:

¶38

East :- Land of Machindra Gopinath, West :- Land of Subhash Sheshrao, North :- Land of Bhaskar Sarjerao, South :- Land of Mansukh Punja.

(OA No.314/2025)

Page 4 of 9

[AMBADAS]

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 defendant became irregular and classified as NPA on 07.03.2019. Therefore on 20.03.2025 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.

¶43

The defendants failed to appear in matter though they were served through RPAD. Hence, the defendants were proceeded exparte as per Order dated 11.11.2025.

(OA No.314/2025)

Page 5 of 9

[AMBADAS]

The applicant Bank has filed Claim Affidavit of evidence at Exhibit-04 of Mr. Vitthal Onkar Chavan, POA of the applicant Bank, and has produced on record the original loan transaction documents as Exh. A-1 to A-34 as per list of documents Exh.05 which corroborates the case of the applicant Bank.

¶48

I have heard arguments of the learned Advocate for the applicant Bank.

¶49

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.

¶50

The applicant Bank has claimed charge over immovable properties of the borrower which are mortgaged in favour of the applicant bank.

¶51

The applicant Bank has claimed future interest @14.50%per annum from the date of filing i.e. 10.05.2025 of this application till realization of the claim amount. However, considering the facts of

(OA No.314/2025)

Page 6 of 9

[AMBADAS]

the case, I am of the opinion that if future interest is granted @9% per annum (simple) on outstanding amount, it would be just and reasonable rate of interest.

¶56

ORDER

¶57

(A) Original Application No. 314/2025 is allowed with costs.

¶58

(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 60,30,730.75/- (Rupees Sixty Lacs, Thirty Thousand, Seven Hundred Thirty and Seventy Five only), along with future interest @9% per annum (simple) from the date of filing of the Original Application i.e. 10.05.2025 till full payment/realization of the amount mentioned in this operative order.

¶59

(C) The aforesaid adjudicated amount is secured by the following immovable properties vide registered mortgage deed bearing daybook no. 4060 dated 30.09.2013 at Exh. A-12 in list of documents Exh. 5.

(OA No.314/2025)

Page 7 of 9

[AMBADAS]

i) All that piece and parcel of Agricultural land, admeasuring 0 H 83 R out of Gat No. 374, situated at Village Sakegaon, Tq. Vaijapur, Dist. Aurangabad, which is bounded as under:

¶64

East :- Land of Rajendra Nemichand, West :- Road, North :- Land of Walmik Kashinath, South: - Land of Appasaheb Vishwanath. ii) All that piece and parcel of Agricultural land, admeasuring 1 H 43 R out of Gat No. 336, situated at Village Sakegaon, Tq. Vaijapur, Dist. Aurangabad, which is bounded as under:

¶65

East :- Land of Machindra Gopinath, West :- Land of Subhash Sheshrao, North :- Land of Bhaskar Sarjerao, South :- Land of Mansukh Punja.

¶66

(D) The applicant Bank is entitled to sell the mortgaged immovable properties and hypothecated articles/goods etc., to recover its dues.

¶67

(E) Issue Recovery Certificate accordingly.

(OA No.314/2025)

Page 8 of 9

[AMBADAS]

(F) The Registrar is directed to send the copy of the

¶72

Judgment and Recovery Certificate to the applicant and defendants.

¶73

(G) File be consigned to the record room.

¶74

Sd/-

¶75

Pronounced in open court. Place: Aurangabad Date:.26.11.2025

¶76

(Dr. J. R. Chauhan) Presiding Officer Debts Recovery Tribunal, Aurangabad

¶77

(OA No.314/2025)

¶78

Page 9 of 9

¶79

[AMBADAS]

Bank of India v. Ashok Gopinath Avhale

Case brief

What is this about?

What did the court decide?

Bank of India v. Ashok Gopinath Avhale

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Icici Bank Limited versus Ganesh S/o Dhondiram Maujal

Bank of Maharashtra versus M/S Bramhi Print and Pack

Union Bank of India versus M/S Vatsala Electricals

Bank of Maharashtra versus M/S Raj Distributor

Union Bank of India versus M/S Adityashree Construction

Bank of Maharashtra versus Yogesh Vishwasrao Pophale