Allowed

Vidharbha Konkan Gramin Bank v. Mr Shirish Alias Sidramappa Patil

DRT16 Sept 2025OA/352/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed the bank's original application for recovery of Rs.13.48 lakh from two borrowers and a guarantor. The court reduced the claimed future interest from 10% to 9% and directed issuance of a recovery certificate.

What did the court decide?

Defendants ordered to jointly or severally pay aggregate sum of Rs.13,48,994/- plus future interest @9% p.a. Recovery certificate issued.

Vidharbha Konkan Gramin Bank versus Mr Shirish Alias… — Banking and Recovery | DRT (2025)

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Presented on: 13.05.2019 Registered on: 14.03.2023 Decided on: 16.09.2025 Duration: Y M D 06 04 03

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IN THE DEBTS RECOVERY TRIBUNAL AT PUNE

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(Before Shri Dilip G Murumkar, Presiding Officer)

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ORIGINAL APPLICATION No.352/2023

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Vidharbha Konkan Gramin Bank

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A Body Corporate constituted Vidharbha Konkan Gramin bank, earlier known as Wainganga Krishna Gramin Bank merged/amalgamated with Vidharbha Kshetriya Gramin Bank and thereafter, to form new bank called “Vidharbha Konkan Gramin Bank’, a Banking Company incorporated under the Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970 having their Head Office at “Chandraprastha”, Plot No.6, Deendaya Nagar, Ring Road, Nagpur and having one of its Branch at Kumbhari, Tal. South Solapur, District Solapur.

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… Applicant

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Versus

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Mr. Shirish @ Sidramappa Gangadhar Patil R/at Post Kumbhari, Tal. South Solapur, District Solapur -413 006.

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Mr. Neeraj Shirish Patil

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R/at Post Kumbhari, Tal. South Solapur, District Solapur -413 006.

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Mr. Annarao Irrapa Patil R/at Post Kumbhari, Tal. South Solapur, District Solapur -413 006.

… Defendants

(OA No.352/2023)

Page 1 of 8

[ANIL]

APPEARANCES

For the Applicant Mrs. Pooja Mali i/b M/s. M V Kini & Co. - Advocates For the Defendants None (Ex parte)

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TOTAL CLAIM AMOUNT –Rs.13,48,994/-

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JUDGMENT

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(Delivered on 16^th September, 2025)

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Applicant Bank has filed the present application for recovery of aggregate sum of Rs.13,48,994/- [i.e. Rs.11,80,992/- towards Term Loan-I Account No.201276200000001 and Rs.1,68,002/- towards Term Loan -II Account No.201276200000115], as on 31.01.2019 with future interest @10% p.a. thereon till the actual realization of the entire dues from the defendants.

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Brief facts of the application are as under:

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Defendants No.1 & 2 are borrowers and Defendant No.3 is Guarantor for Term Loan-I and Term Loan-II Credit Facilities for repayment of outstanding dues alongwith Defendants No.1 and 2.

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Defendants No.1 & 2 approached the applicant Bank seeking Credit Facilities of Term Loan of Rs.4,71,000/- for Agricultural purpose for Grape Garden and Drip Irrigation.

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Applicant Bank sanctioned Term Loan-I Credit facility on 06.11.2002 for Rs.4,71,000/- as mentioned in Para No.5.6 of the Original Application.

(OA No.352/2023)

Page 2 of 8

[ANIL]

On 06.11.2002, Defendant Nos.1 and 2 executed the loan transaction and security documents as set out in paragraph No.5.7 of the Original Application.

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Defendant No.3 has executed Deed of Guarantee dated 06.11.2002 in favour of the applicant bank for securing the repayment of Term Loan Facility of Rs.4,71,000/- availed by defendant Nos.1 and 2.

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The applicant Bank contended that again defendant Nos.1 & 2 approached the applicant Bank requesting Term Loan -II of Rs.1,50,000/- and on request of Defendant Nos.1 and 2, applicant bank has sanctioned Fresh Term Loan-II Facility to Defendant Nos.1 and 2 on the basis of security of charge already created by way of Declaration U/s 5(1) of Maharashtra Provisions of Facilities for Agricultural Credits by Bank Act, 1974, by Defendant Nos.1 and 2 on 05.05.2001 over the immovable properties as under –

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(i)- All the piece and parcels of land situated at village kumbhari, Taluka South Solapur in the State of Maharashtra within the jurisdiction of the Sub Registrar South Solapur together with the buildings, sheds, standing thereon owned by Defendant No.1Shirish @ Sidramappa Gangadhar Patil, as under –

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Sr.No.	Gat No.	H - R
1.	193/6	3.47 Ha
2.	984/1/2/A	2.46 Ha
3.	1143/1/1	0.13 Ha
4.	84/2/1/4	1.04 Ha
5.	84/2/3/4	0.81 Ha
6.	984/1/1/1	1.16 Ha

(OA No.352/2023)

Page 3 of 8

[ANIL]

(ii)- All the piece and parcels of land situated at village Kumbhari, Taluka South Solapur, District Solapur in the state of Maharashtra within the jurisdiction of the Sub Registrar South Solapur together with the buildings, sheds, standing thereon owned by Defendant No.2 – Mr. Neeraj Shirish Patil, as under :–

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Sr.No.	Gat No.	H - R
1.	361/6	1.52 Ha
2.	84/2/1/3	1.03 Ha
3.	84/2/3/2	1,62 Ha

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Defendant No.1 & 2 signed and executed loan transaction and security documents as mentioned in paragraph No.5.10 of the Original Application.

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Defendant No.3 has executed Deed of Guarantee dated 22.07.2003 in favour of the applicant bank for securing the repayment of Term Loan Facility of Rs.1,50,000/- availed by defendant Nos.1 and 2.

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Defendant Nos.1 and 2 have executed Acknowledgment of Debts in respect of outstanding dues in Term Loan-I Account and Term Loan-II Account as mentioned in Para Nos.5.13 & 5.14 of the Original Application.

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The applicant Bank further contended that defendant No.1 & 2 became irregular in paying the dues in spite of repeated reminders, demand and personal visits made by the applicant Bank. Defendant No.1 and 2 also defaulted to serve the interest. Resultantly, the

(OA No.352/2023)

Page 4 of 8

[ANIL]

account of defendant No.1 became Non-Performing Asset on 02.02.2012.

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Thereafter, the applicant Bank through its Advocate issued Demand Notice dated 15.01.2019 and called upon the defendants to pay the outstanding amount due. Despite issuance of Demand Notice, defendants failed to pay the due amount.

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Hence, this application is filed.

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Defendants failed to appear despite service of summons. Hence, the application proceeded ex parte against them vide Order dated 27.05.2025 passed below the application (Exhibit-01).

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The applicant has filed Claim Affidavit of evidence (Exhibit-6) of Mr. Shridhar G. Deshmukh, Manager & Authorized Signatory, which supports the case of the applicant elucidated in the application.

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The applicant Bank has produced on record the original loan transaction documents (Sr.Nos.AW-1/1 to AW-1/26).

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

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Since the defendants failed to appear and contest the application, I find no reason to disbelieve evidence of the applicant. Therefore, the applicant is entitled for reliefs as prayed for.

(OA No.352/2023)

Page 5 of 8

[ANIL]

The applicant bank has claimed relief in respect of hypothecated assets. However, there is no 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 future interest @10% p.a. for both Term Loan Facilities. However, considering the facts of the case, I am of the opinion that if future interest is granted @9% p.a. (simple) for all three loan account, it would be just and reasonable.

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Hence, I pass the following order:-

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ORDER

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(A) Original Application No.352/2023 is allowed with costs.

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(B) Defendant Nos.1 to 3 shall either jointly or severally pay to the applicant Bank an aggregate amount of Rs.13,48,994 /- (Rupees Thirteen Lakhs Fourty Eight Thousand Nine Hundred Ninety Four only), as under :-

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(i)- Out of Rs.13,48,994/-, Defendant Nos.1 to 3 either jointly or severally shall pay sum of Rs.11,80,992 /- towards Term Loan-I A/c No.201276200000001 with future interest @ 9% per annum with future interest @9% p.a. from the date of filing of the Original Application i.e. 13.05.2019 till full realization of the amount.

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(ii)- Out of Rs.13,48,994/-, Defendant Nos.1 to 3 either jointly or severally shall pay sum of Rs.1,68,002 /- towards Term Loan-II A/c No.201276200000115 with future interest @ 9% per annum from the date of filing of the Original Application i.e. 13.05.2019 till full realization of the amount.

(OA No.352/2023)

Page 6 of 8

[ANIL]

(i)- All the piece and parcels of land situated at village kumbhari, Taluka South Solapur, District Solapur in the State of Maharashtra within the jurisdiction of the Sub Registrar South Solapur together with the buildings, sheds, standing thereon owned by Defendant No.1- Mr. Shirish @ Sidramappa Gangadhar Patil, as under –

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Sr.No.	Gat No.	H - R
1.	193/6	3.47 Ha
2.	984/1/2/A	2.46 Ha
3.	1143/1/1	0.13 Ha
4.	84/2/1/4	1.04 Ha
5.	84/2/3/4	0.81 Ha
6.	984/1/1/1	1.16 Ha

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¶73

Sr.No.	Gat No.	H - R
1.	361/6	1.52 Ha
2.	84/2/1/3	1.03 Ha
3.	84/2/3/2	1,62 Ha

(OA No.352/2023)

Page 7 of 8

[ANIL]

(D) The applicant Bank is entitled to sell the hypothecated/mortgaged property to recover its dues.

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(E) Issue Recovery Certificate.

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

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Place : Pune Date : 16.09.2025

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Sd/(Dilip G Murumkar) Presiding Officer, Debts Recovery Tribunal, Pune

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(OA No.352/2023)

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Page 8 of 8

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[ANIL]

Vidharbha Konkan Gramin Bank v. Mr Shirish Alias Sidramappa Patil

Case brief

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Vidharbha Konkan Gramin Bank v. Mr Shirish Alias Sidramappa Patil

Case brief

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