Allowed

Uco Bank v. Manohar Gurling Pawar

DRT3 Nov 2025OA/371/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's application for recovery of a term and short-term agricultural loan. The court adjudicated the principal amount and awarded future interest at 9% per annum, securing the claim over mortgaged agricultural lands.

What did the court decide?

Defendants to pay Rs. 35,73,403/- plus future interest @9% p.a. jointly and severally; mortgage properties secured; power to sell mortgaged property.

Uco Bank versus Manohar Gurling Pawar — Contract and Commercial Disputes | DRT (2025)

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Presented on: 10.06.2022 Registered on: 05.09.2022 Decided on: 03.11.2025 Duration: Y M D 03 04 23

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 371/2022

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TOTAL CLAIM AMOUNT – Rs. 35,73,403/-

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UCO Bank,

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A body corporation duly constituted under the provisions of Banking Company (Acquisition and Transfer of Undertakings) Act, 1970, having its Head Office at 10, B. T. M. Sarani, Kolkata, Branch Office at Osmanabad, is maintaining an account in which debt claimed is outstanding, through its Senior Branch Manager, Shri. Kedarisetti Pradeep Kumar, Age: 36 years, Occ.: Service as a Manager of The Branch, R/o. Osmanabad, Dist. Osmanabad.

… Applicant

(OA No.371/2022)

Page 1 of 10

[AMBADAS]

Versus

1. Mr. Manohar S/o Gurling Pawar, Age: 42 years, Occupation: Agriculture & Business, R/o. At Ghatangari, Tq. and Dist. Osmanabad.

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2. Shri. Gurling S/o. Pema Pawar,

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Age: 42 years, Occupation: Agriculture & Business, R/o. At Ghatangari, Tq. and Dist. Osmanabad.

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3. Shri. Pema S/o. Dagdu Pawar,

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Age: 42 years, Occupation: Agriculture & Business, R/o. At Ghatangari, Tq. and Dist. Osmanabad.

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4. Shri. Sharad S/o. Govind Pawar,

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Age: 42 years, Occupation: Agriculture & Business, …Defendants R/o. At Ghatangari, Tq. and Dist. Osmanabad.

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APPEARANCES

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For the Applicant For Defendants

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Mr. M. M. Ambhore -Advocate Ex-parte

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JUDGMENT

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Delivered on 03.11.2025

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The Applicant Bank has filed the present application for the recovery of a sum of Rs. 35,73,403/- (Rupees Thirty Five Lacs, Seventy Three Thousand, Four Hundred and Three only), along with

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future interest from the date of filing of the Original Application,

(OA No.371/2022)

Page 2 of 10

[AMBADAS]

i.e., 10.06.2022, 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:

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The Applicant Bank states that the Defendant No. 1 & 2 approached and requested the Applicant Bank for a Term loan facility under New KCC Limit. Upon considering the request and financial needs of the Defendants, the Applicant Bank sanctioned a amount of Rs. 2,00,000/- vide sanction letter dated 27.12.2014 on certain terms and conditions. The agreed rate of interest for the aforesaid loan facility was @9.70% p.a. with half yearly rests. The Defendants also agreed to pay additional interest @2% by way of liquidated damages in the event of any default in repayment.

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The applicant bank further submits, that the defendant No. 1 & 2 applied for agriculture short term loan. Upon considering the request and need of the defendants, the applicant bank

(OA No.371/2022)

Page 3 of 10

[AMBADAS]

sanctioned agriculture short term loan of Rs. 12,00,000/- vide

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sanction letter dated 01.07.2014 on certain terms and conditions.

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Subsequently the defendant No. 1 & 2 again applied for agriculture short term loan. Upon considering the request and need of the defendants, the applicant bank sanctioned agriculture short term loan of Rs. 15,00,000/- vide sanction letter dated

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04.02.2016 on certain terms and conditions.

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In order to secure the aforesaid loan facilities, the Defendants executed various loan documents in favour of the Applicant Bank. These included sanction letters, registered mortgage deed bearing daybook No. 4766/2014 dated 29.10.2014, letter of undertaking, demand promissory notes, letter of continuity & hypothecation agreements. Additionally defendant No. 3 & 4 stood as guarantors for defendant No. 1 & 2 and executed deeds of guarantee on 27.10.2014 & 25.02.2016 in favour of the Applicant Bank.

(OA No.371/2022)

Page 4 of 10

[AMBADAS]

The Applicant Bank further contends that, in order to secure the

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aforesaid loan facilities, the Defendant No. 1 & 2 created first charge over their immovable properties by executing mortgage deed bearing daybook No. 4766/2014 dated 29.10.2014 in favour of the Applicant Bank. The mortgage was created in respect of the

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following properties-

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i) All that piece and parcel agricultural land at Gat No. 237, admeasuring 00 H-33R, situated at Village Ghatangri, Tal. And Dist. Osmanabad, which is bounded as under:

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East: Land of Rangnath Pawar, West: Land of Rangnath Pawar, South: Land of Sitabai Pawar, North: Land of Ganpati Pawar.

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ii) All that piece and parcel agricultural land at Gat No. 244, admeasuring 00H-63R, situated at Village Ghatangri, Tal. And Dist. Osmanabad, which is bounded as under:

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East: Land of Rangnath Pawar, West: Land of Rangnath Pawar, South: Land of Sitabai Pawar, North: Land of Ganpati Pawar.

(OA No.371/2022)

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[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 defendants became irregular and classified as NPA on 21.02.2020. Therefore, on 24.02.2020 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.

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The defendants failed to appear in matter though they were served through Court Commissioner. Hence, the defendants were proceeded ex-parte as per Order dated 18.07.2025.

(OA No.371/2022)

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[AMBADAS]

The applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Shri. Kedarisetti Pradeep Kumar, Senior Manager of the applicant Bank, and has produced on record the original loan transaction documents as Exh. A to Z along with list of documents Exh.5 and further filed claim affidavit Exh. 7 of Akhter Rais Ahmad, Senior Manager 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.

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

(OA No.371/2022)

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[AMBADAS]

The applicant Bank has claimed future interest @9.70%, @10.20% & @9.70% p. a. from the date of filing i.e. 10.06.2022 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 @ 9% per annum (simple) on total outstanding amount, it would be just and reasonable rate of interest.

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ORDER

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(A) Original Application No. 371/2022 is allowed with

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costs.

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(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 35,73,403/- (Rupees Thirty Five Lacs, Seventy Three Thousand, Four Hundred and Three only), along with future interest @ 9% per annum (simple) from the date of filing of the O.A. i.e. 10.06.2022 till full payment/realization of the amount mentioned in this operative order.

(OA No.371/2022)

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[AMBADAS]

bearing vide registered mortgage deed bearing daybook

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No. 4766/2014 dated 29.10.2014 at Exh. J and Exh. O in

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list of documents Exh. 5.

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i) All that piece and parcel agricultural land at Gat No. 237, admeasuring 00 H-33R, situated at Village Ghatangri, Tal. And Dist. Osmanabad, which is bounded as under:

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East: Land of Rangnath Pawar, West: Land of Rangnath Pawar, South: Land of Sitabai Pawar, North: Land of Ganpati Pawar.

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ii) All that piece and parcel agricultural land at Gat No. 244, admeasuring 00H-63R, situated at Village Ghatangri, Tal. And Dist. Osmanabad, which is bounded as under:

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East: Land of Rangnath Pawar, West: Land of Rangnath Pawar, South: Land of Sitabai Pawar, North: Land of Ganpati Pawar.

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

(OA No.371/2022)

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[AMBADAS]

(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/-

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Pronounced in open court. Place: Aurangabad Date:.03.11.2025

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

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(OA No.371/2022)

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Page 10 of 10

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[AMBADAS]

Uco Bank v. Manohar Gurling Pawar

Case brief

What is this about?

What did the court decide?

Uco Bank v. Manohar Gurling Pawar

Case brief

What is this about?

What did the court decide?

What the court decided

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