Allowed

Central Bank of India v. Sk. Jamir Sk. Jahiroddin

DRT15 Dec 2025OA/361/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's original application to recover Rs. 25,63,128/- representing crop loan and overdraft dues from four respondents. The court adjusted the interest rate to 9% per annum and directed the sale of hypothecated and mortgaged agricultural properties to recover dues.

What did the court decide?

Respondents ordered to pay Rs. 25,63,128/- with 9% simple interest; applicant entitled to sell hypothecated and mortgaged properties.

Central Bank of India versus Sk. Jamir Sk. Jahiroddin — Banking and Recovery | DRT (2025)

¶1

Presented on: 22.12.2023 Registered on: 28.05.2024 Decided on: 15.12.2025 Duration: Y M D 01 11 24

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J.R. Chauhan Presiding Officer)

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TOTAL CLAIM AMOUNT – Rs.25,63,128/- ORIGINAL APPLICATION No.361/2024

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Central Bank of India , A Body Corporate and constituted under Banking Companies (Acquisition and Transfer of Undertakings) Act V of 1970, having its Central Office at 'Chandermukhi', Nariman Point, Mumbai 400021 and Amongst others, one of its Branch Office at Dhanora, Tq. Chopda, Dist. Jalgaon 425303. Through its Authorized Officer, Shri. Ganesh Ukarda Potdukhe, Age: 38 years, Occu.: Service, R/o: Dhanora, Tq. Chopda, District Jalgaon.

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…Applicant

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Versus

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Mr. Sk. Jamir Sk. Jahiroddin, Age: Major, Occu: Agriculturist, R/o. 427/1, Neharu Chowk, Takiya Mohalla, At.

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[SBJ]

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(OA No.361/2024) Page 1 of 18

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Post Adavad Kharadi, Tq. Chopda, Dist. Jalgaon - 425303.

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Mr. Sk. Jakir Jahiroddin Sk., Age: Major, Occu: Agril, R/o. 427/1, Neharu Chowk, Takiya Mohalla, At. Post Adavad Kharadi, Tq. Chopda, Dist. Jalgaon - 425303.

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Mr. Anwar Khan S/o. Taher Khan Pathan, Age: Major, Occu: Agril, R/o. 511/3, Tadavi Wada, Near Police Station, Taluka Chopda, Adawad Kharadi, Jalgaon- 425303.

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Mr. Altaf Khan S/o. Taher Khan Pathan, Age: Major, Occu: Agril, R/o. 511/3, Tadavi Wada, Near Police Station, Taluka Chopda, Adawad … Defendants

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Kharadi, Jalgaon - 425303.

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APPEARANCES

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For the Applicant Dr. Sahebrao G. Nandedkar – Advocate For Defendant Nos.1 and 2 No Written Statement For Defendant Nos.3 and 4 Ex-parte.

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[SBJ]

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(OA No.361/2024) Page 2 of 18

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JUDGMENT (Delivered on 15^th December, 2025)

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The Applicant Bank has filed the present application for recovery of the sum of Rs.25,63,128/- (Rupees Twenty-Five Lakh Sixty-Three Thousand One Hundred Twenty-Eight only) as on 07.10.2023 together with future interest at 12% per annum thereon till the actual realization of the entire amount and costs from the defendants jointly and severally.

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Brief facts of the application are as under :

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The applicant bank submitted that defendant Nos.1 and 2 were in need of financial assistance and hence they approached to the applicant bank and requested for granting them Crop Loan facility. Considering the request and the loan application dated 25.09.2014 of defendant Nos.1 and 2, the applicant bank has sanctioned Crop Loan of Rs.10,49,000/- (Rupees Ten Lacs, Forty-Nine Thousand only) to the defendants Nos. 1 and 2 under CKCC Scheme vide Sanction letter dated 04.10.2024. The defendant No. 3 & 4 stood as guarantors to the Crop Loan of Rs.10,49,000/- (Rupees Ten Lacs, Forty-Nine Thousand

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[SBJ]

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(OA No.361/2024) Page 3 of 18

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only), availed by the defendant Nos.1 and 2.

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In order to secure the aforesaid Crop Loan of Rs.10,49,000/(Rupees Ten Lacs, Forty-Nine Thousand only), availed by the defendant Nos.1 and 2, the defendant No.1 and 2 signed, executed and acknowledged various necessary loan and security documents in favour of the applicant bank. The defendant Nos.1 and 2 executed Demand Promissory Note dated 04.10.2014, Letter of continuity dated 01.10.2014, Agreement of Hypothecation for Agricultural advances dated 04.10.2014 Letter of interest variation and letter of waiver dated 04.10.2014 Letter of acknowledgement of debt / securities dated 18.09.2017, mentioned in Paragraph No.5.5, 5.7 & 5.8 of the OA and also Deed of Guarantee dated 04.10.2014 executed by the defendant Nos.3 and 4 in favour of the applicant bank mentioned in Paragraph No.5.6 of the Original Application.

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The defendant No.1 and 2 agreed to repay the Crop Loan of Rs.10,49,000/- (Rupees Ten Lacs, Forty-Nine Thousand only), availed by the defendant Nos.1 and 2 alongwith agreed rate of interest @11.75% p.a. (BR=1.5%).

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[SBJ]

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(OA No.361/2024) Page 4 of 18

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In order to secure the aforesaid Crop Loan of Rs.10,49,000/(Rupees Ten Lacs, Forty-Nine Thousand only), availed by the defendant Nos.1 and 2, the defendant No.1 and 2 executed Mortgage Deed registered with the Sub-Registrar’s Office, Chopda, bearing document No.4271/2014, dated 26.09.2014 in favour of the applicant bank as mentioned in Paragraph No.5.9 and 3-A of the O.A. and in the List of Document (Exhibit-5) marked at Exhibit-A-9 in respect of the immovable properties, which are as under :

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(1) Agriculture Land in Gat No.198 admeasuring 0 H 70 R, situated at Adawad, Taluka Chopda, District Jalgaon, which are bounded as under:

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East : Gat No.191

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West : Gat No.199 North : Road

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South : Gat No.230

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(2) Agriculture Land in Gat No.229/1/A admeasuring 0 H 49 R, situated at Adawad, Taluka Chopda, District Jalgaon, which are bounded as under:

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East : Gat No.230

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[SBJ]

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(OA No.361/2024) Page 5 of 18

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West : Gat No.228 North : Gat No.229/B South : Gat No.230/2

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(3) Agriculture Land in Gat No.230 admeasuring 0 H 43 R, situated at Adawad, Taluka Chopda, District Jalgaon, which are bounded as under:

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East : Canal West : Gat No.229/A North : Gat No.198 South : Gat No.230/2

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(4) Agriculture Land in Gat No.191/1/A admeasuring 1 H 47 R, situated at Adawad, Taluka Chopda, District Jalgaon, which are bounded as under:

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East : Gat No.191/1/B West : Road North : Gat No.195 South : Road

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(5) Agriculture Land in Gat No.229/1/B admeasuring 0 H 50 R, situated at Adawad, Taluka Chopda, District Jalgaon, which are bounded as under:

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[SBJ]

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(OA No.361/2024) Page 6 of 18

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East : Gat No.230 West : Gat No.228 North : Gat No.199 South : Gat No.230/2

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(6) Agriculture Land in Gat No.346 admeasuring 1 H 19 R, situated at Adawad, Taluka Chopda, District Jalgaon, which are bounded as under:

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East : Gat No.350 West : Gat No.345 North : Gat No.337 South : Gat No.349

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The applicant bank further submitted that at the request of the defendant Nos.1 and 2, the said loan account was renewed by the bank on 25.01.2019 for an amount of Rs.9,45,000/- (Rupees Nine Lacs, Forty-Five Thousand only) for the first year disburse limit and last (05^th ) year limit was Rs.10,60,000/- (Rupees Ten Lacs, Sixty Thousand only) vide sanction letter of renewal dated 25.01.2019. Upon sanction of restructure / enhancement, the defendant Nos.1 to 4 have executed various loan and security documents in favour of the applicant bank i.e. Demand

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[SBJ]

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(OA No.361/2024) Page 7 of 18

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Promissory Note dated 25.01.2019, Letter of continuity dated 25.01.2019, Agreement of Hypothecation for Agricultural advances dated 25.01.2019, Letter of interest variation and letter of waiver dated 25.01.2019, Letter of acknowledgement of debt / securities dated 11.09.2020, mentioned in Paragraph No.5.12 of the OA and also Deed of Guarantee dated 25.01.2019 executed by the defendant Nos.3 and 4 in favour of the applicant bank mentioned in Paragraph No.5.13 of the Original Application.

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The applicant bank further submitted that on 09.09.2019, the defendant Nos.1 and 2 again approached to the applicant bank and requested for enhancement of the loan. The defendant Nos.1 and 2 vide their application dated 18.10.2019 requested enhancement of the said loan to the tune of Rs.17,00,000/(Rupees Seventeen Lacs only) under the CKCC scheme. Considering the request and the loan application dated 18.10.2019 of defendant Nos.1 and 2, the applicant bank has sanctioned enhanced Over Draft Loan facility of Rs.17,00,000/(Rupees Seventeen Lacs only) to the defendants Nos. 1 and 2 under CKCC Scheme vide Sanction letter dated 18.10.2019. The

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[SBJ]

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(OA No.361/2024) Page 8 of 18

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defendant No. 3 & 4 stood as guarantors to the Overdraft Loan facility of Rs.17,00,000/- (Rupees Seventeen Lacs only), availed by the defendant Nos.1 and 2.

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In order to secure the enhanced Overdraft Loan facility of Rs.17,00,000/- (Rupees Seventeen Lacs only), availed by the defendant Nos.1 and 2, the defendant Nos.1 to 4 have executed various loan and security documents in favour of the applicant bank i.e. Demand Promissory Note dated 01.11.2019, Letter of continuity dated 01.11.2019, Agreement of Hypothecation for Agricultural advances dated 01.11.2019, Letter of interest variation and letter of waiver dated 01.11.2019, Letter of acknowledgement of debt / securities dated 03.08.2023, mentioned in Paragraph No.5.16 of the OA and also Deed of Guarantee dated 01.11.2019 executed by the defendant Nos.3 and 4 in favour of the applicant bank mentioned in Paragraph No.5.17 of the Original Application.

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In order to secure the aforesaid enhanced Overdraft Loan facility of Rs.17,00,000/- (Rupees Seventeen Lacs only), availed by the defendant Nos.1 and 2, the defendant No.1 and 2 executed Mortgage Deed registered with the Sub-Registrar’s

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[SBJ]

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(OA No.361/2024) Page 9 of 18

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Office, Chopda, bearing document No.4412/2019, dated 24.10.2019 in favour of the applicant bank as mentioned in Paragraph No.5.18 and 3-A of the O.A. and in the List of Document (Exhibit-5) marked at Exhibit-AW-27 in respect of the immovable properties, which are particularly described in Paragraph No.5 of this Judgment.

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The defendant No.1 and 2 agreed to repay the enhanced Overdraft Loan facility of Rs.17,00,000/- (Rupees Seventeen Lacs only), availed by the defendant Nos.1 and 2 alongwith agreed rate of interest @10.70% p.a. on the basis of the terms and conditions mentioned in the sanction letter dated 18.10.2019.

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The applicant bank further submitted that after availment of the loan facilities, the defendant Nos.1 and 2 had committed default in repayment of the loan as per the terms and conditions of the sanction and as such the loan account was classified as Non-Performing Asset on 13.11.2022 as per the directives and guidelines issued by the Reserve Bank of India.

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[SBJ]

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(OA No.361/2024) Page 10 of 18

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12. The particulars of the claim is as under:

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Sr.	Particulars	Amount in Rs.
No.
a)	The amount due as on 07.10.2023	19,23,334
b)	Unapplied interest	5,97,247
c)	Penalty Interest	42,217
	Total	25,63,128

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(Rupees Twenty-Five Lacs, Sixty-Three Thousand, One Hundred and Twenty-Eight only)

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The applicant bank submitted that the applicant bank has maintained the loan accounts of the defendants during the regular course of its business and the entries recorded therein are according to the transaction took place from time to time. The system / computer generated printout of Account Statement standing in the name of the defendant Nos.1 and 2, the certificates as per Section 2 A (a), (b) & (C) of the Banker’s Books Evidence Act 1891, Certificate of Administration System and Information Technology Certificate are filed by the bank.

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[SBJ] (OA No.361/2024) Page 11 of 18

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As the accounts of the defendant No.1 and 2 became NonPerforming Asset on 13.11.2022 as per the Guidelines issued by the Reserve Bank of India, the applicant bank constrained to issue legal notice dated 31.10.2023 through its counsel advocates to the defendants however, the defendants did not come forward with any concrete proposal as to clearance of outstanding amount in the aforesaid loan account of the defendant Nos.1 and 2.

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Hence, this Original Application filed by the applicant bank to recover the dues from the defendants jointly and severally. The applicant bank further prayed for directions to sell the hypothecated and mortgaged properties to recover the dues of the applicant bank.

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In this matter the defendant Nos.1 and 2 appeared through counsel but failed to file their written statement and as such they were proceeded with “No Written Statement” vide order dated 03.04.2025. The defendant Nos.3 and 4 were served through Court Commissioner as per the Court Commissioner Report Exhibit-A, but failed to appear despite of service and as such, the defendant Nos.3 and 4 were proceeded ex-parte.

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[SBJ] (OA No.361/2024) Page 12 of 18

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The applicant Bank has filed Claim Affidavit of Evidence (Exhibit-4) of Mr. Ganesh S/o Ukarda Potdukhe, Branch Manager and Authorized Officer of the applicant Bank and has produced on record the original loan documents alongwith List (Exhibit-05), exhibited as Exhibit Nos.AW-1/1 to AW-1/31, 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 un-rebutted evidence of the applicant bank. Therefore, the applicant Bank is entitled for reliefs as claimed.

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In this matter the applicant bank has claimed the relief for Rs.25,63,128/(Rupees Twenty-Five Lakh Sixty-Three Thousand One Hundred Twenty-Eight only) as on 07.10.2023 together with future interest at 12% per annum thereon till the actual realization of the entire amount and costs from the defendants jointly and severally. However, considering the facts of the case, I am of the opinion that if future interest is granted @9% per annum (simple) on outstanding amount, it

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[SBJ] (OA No.361/2024) Page 13 of 18

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would be just and reasonable rate of interest.

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Hence, I pass the following order.

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ORDER

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(A) Original Application No.84/2016 is allowed with costs.

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(B) Defendant Nos.1 to 4 are hereby ordered and directed to pay jointly and severally to the applicant the aggregate sum of Rs.25,63,128/- (Rupees Twenty-Five Lakh Sixty-Three Thousand One Hundred Twenty-Eight only) alongwith future interest @9% per annum (simple) from the date of filing of the original application i.e. 22^nd December, 2023 till full payment/realization of the amount.

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(C) The aforesaid adjudicated amount is secured by the Loan Cum Hypothecation agreement dated 04.10.2014, 25.01.2019 and 01.11.2019 mentioned in the List of Documents (Exhibit-05) marked at Exhibit AW-1/5, AW-1/14, and AW-1/22.

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(D) The applicant Bank is entitled to sell the hypothecated properties as is mentioned in the List of Documents (Exhibit-05) marked at Exhibit AW-1/5, AW-1/14, and AW-1/22, to recover its

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[SBJ] (OA No.361/2024) Page 14 of 18

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dues.

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(E) The aforesaid adjudicated amount is secured by the Mortgage Deed registered with the SubRegistrar’s Office, Chopda, bearing document No.4271/2014, dated 26.09.2014 and Registered Mortgage Deed No.4412/2019 dated 24.10.2019 in favour of the applicant bank as mentioned in Paragraph No.5.9, 5.19 and 3-A of the O.A. and in the List of Document (Exhibit-5) marked at ExhibitAW-1/9 and Exhibit-AW/1/27 in respect of the immovable properties, which are as under :

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(1) Agriculture Land in Gat No.198 admeasuring 0 H 70 R, situated at Adawad, Taluka Chopda, District Jalgaon, which are bounded as under:

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East : Gat No.191

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West : Gat No.199

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North : Road

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South : Gat No.230

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(2) Agriculture Land in Gat No.229/1/A admeasuring 0 H 49 R, situated at Adawad, Taluka Chopda, District Jalgaon, which are bounded as under:

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East : Gat No.230

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[SBJ] (OA No.361/2024) Page 15 of 18

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West : Gat No.228

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North : Gat No.229/B South : Gat No.230/2

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(3) Agriculture Land in Gat No.230 admeasuring 0 H 43 R, situated at Adawad, Taluka Chopda, District Jalgaon, which are bounded as under: East : Canal West : Gat No.229/A North : Gat No.198 South : Gat No.230/2

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(4) Agriculture Land in Gat No.191/1/A admeasuring 1 H 47 R, situated at Adawad, Taluka Chopda, District Jalgaon, which are bounded as under:

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East : Gat No.191/1/B West : Road North : Gat No.195 South : Road

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(5) Agriculture Land in Gat No.229/1/B admeasuring 0 H 50 R, situated at Adawad, Taluka Chopda, District Jalgaon, which are bounded as under:

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[SBJ] (OA No.361/2024) Page 16 of 18

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East : Gat No.230 West : Gat No.228 North : Gat No.199

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South : Gat No.230/2

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(6) Agriculture Land in Gat No.346 admeasuring 1 H 19 R, situated at Adawad, Taluka Chopda, District Jalgaon, which are bounded as under:

East : Gat No.350

West : Gat No.345

North : Gat No.337

South : Gat No.349

(F) The applicant bank is also entitled to sell the mortgaged properties of the defendant No.1 and 2 as mentioned in Paragraph No.5.9, 5.19 and 3-A of the O.A. and in the List of Document (Exhibit-5) marked at Exhibit-AW-1/9 and Exhibit-AW/1/27, to recover its dues.

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(G) Issue Recovery Certificate accordingly.

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

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[SBJ]

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(OA No.361/2024) Page 17 of 18

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(H) File be consigned to the Record Room after due compliance.

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Pronounced in open Court. Date :15.12.2025.

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Sd/-

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

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[SBJ]

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(OA No.361/2024) Page 18 of 18

Central Bank of India v. Sk. Jamir Sk. Jahiroddin

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Central Bank of India v. Sk. Jamir Sk. Jahiroddin

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