In this ex-parte recovery application filed by Bank of Baroda against Shri Anil Balvram Yadhav for a term loan default, the tribunal directed the defendant to pay Rs. 10,80,726/- along with future interest at 9% simple interest from the date of filing.
Defendant to pay Rs. 10,80,726/- with future interest @9% p.a. simple from 22.03.2017; Recovery Certificate issued.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Presented on: 22.03.2017 Registered on: 20.03.2023 Decided on: 26.05.2025 Duration: Y M D 08 03 04
IN THE DEBTS RECOVERY TRIBUNAL AT PUNE (Before Shri Dilip G Murumkar, Presiding Officer) ORIGINAL APPLICATION No.389/2023
Bank of Baroda , Having its branch office at – Head Office at Baroda House, Mandavi, Baroda-390006 and branch office at Shop No.2, Survey No.90, Lakshadweep Palace, Pimple Saudagar, Pune-411 027.
… Applicant
Versus
Mr. Anil Balvram Yadhav Age 31 years, Occ.:- Business, R/at Flat No.3, “Pride Apartment” … Defendant Indrayani Nagar, Bhosari, Pune-411 026.
APPEARANCES For the Applicant Mr. M.D. Kulkarni. - Advocate For the Defendant Ex-parte.
TOTAL CLAIM AMOUNT –Rs.10,95,726/-. JUDGMENT
(Delivered on 26th May, 2025)
(OA No.389/2023)
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[ AGT ]
2. Brief facts of the application are as under:
The applicant bank submits that defendant is carrying transport operator business. The defendant approached the applicant bank for sanction of Term Loan Facility for purchase of Innova VX Car. The applicant bank considered the request of the defendant and sanctioned and advanced Term Loan Facility of Rs.9,50,000/- to the defendant.
The defendant has signed and executed necessary documents in favour of the applicant bank for securing repayment of Term Loan Facility of Rs.9,50,000/-, as mentioned in Para No. 5.4 of the Original Application.
The applicant further submits that despite of several requests, reminders and called letters from time to time issued by the applicant bank, the defendant failed to pay the term loan account and ultimately on 19.02.2016 the defendant’s term loan account
(OA No.389/2023)
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became NPA. In view of the defaults committed by the defendant in payment of the dues of the said loan account, the applicant bank on 07.11.2016 issued Legal Notice through Advocate Shri. M. D. Kulkarni to the defendant and called upon him to pay the outstanding loan amount of Rs.10,23,770/-. The notice has been returned with an endorsement “Insufficient Address”. In the circumstances, the applicant bank has only remedy to file present application for recovery of its debt.
Hence, this application is filed.
(OA No.389/2023)
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ORDER
(OA No.389/2023)
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Sd/- (Dilip G Murumkar) Place : Pune Presiding Officer, Date : 26.05.2025 Debts Recovery Tribunal, Pune.
(OA No.389/2023)
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[ AGT ]
2 issues framed by the court
Whether the defendant, having defaulted on term loan repayment, is liable to pay the outstanding dues including future interest.
Whether the claim for cost of typing and notice can be granted given the reduced claim amount.
Bank of Baroda
Anil Balvram Yadhav
Dilip G Murumkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
