Allowed

Union Bank of India v. Maroti Vishwanath Thote (Deceased)

DRT12 Dec 2025OA/401/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the Union Bank of India's application for recovery of Rs. 49,87,497.52 plus future interest from the respondents, who failed to appear. The order secured the claim against mortgaged agricultural lands and directed the issuance of a recovery certificate.

What did the court decide?

Recovery of Rs. 49,87,497.52 with future interest at 9% p.a.; Sale of mortgaged agriculture lands to recover dues; Issuance of Recovery Certificate.

Union Bank of India versus Maroti Vishwanath Thote (Deceased) — Banking and Recovery | DRT (2025)

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Presented on: 25.01.2024 Registered on: 05.06.2024 Decided on: 12.12.2025 Duration: Y M D 01 10 17

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 401/2024

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TOTAL CLAIM AMOUNT – Rs. 49,87,497.52/-

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UNION BANK OF INDIA,

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a Body Corporate under the Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970, having its Registered Office at, 239, Vidhan Bhavan Marg, Nariman Point Mumbai-40021. And having branches amongst the other places at Main Branch, Nanded through its Power of Attorney, Mr. Shivanjan Choudhury s/o Sanat Kumar Choudhary, (Chief Manager), Age: 38 yrs., Occ.: Service, R/o. Sant Kripa Market, Nanded 431601.

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Versus

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1. Mr. Maroti Vishwanath Thote (deceased) Through his Legal heir, Mr. Vishal Maroti Thote Age: Major, Occ.: Agri./ Business, R/o.: At Post Joshisanghavi, Tq. Loha,, Dist. Nanded 431602.

… Applicant

(OA No.401/2024)

Page 1 of 9

[AMBADAS]

AND/OR

Mr. Maroti Vishwanath Thote (deceased) Through his Legal heir, Mr. Vishal Maroti Thote Age: Major, Occ.: Agri./ Business, R/o.: At Post Kapshi, Tq. Loha,, Dist. Nanded 431602.

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2. Mr. Gopinath Digambar More Age: Major, Occ.: Agri./ Business, R/o.: At Post Joshisanghavi, Tq. Loha,, Dist. Nanded 431602.

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3. Mr. Kishan Bhaurao Londhe

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Age: Major, Occ.: Agri./ Business, R/o.: At Post Joshisanghavi, Tq. Loha,, …Defendants Dist. Nanded 431602.

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APPEARANCES

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

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JUDGMENT Delivered on 12.12.2025

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The Applicant Bank has filed the present application for the

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recovery of a sum of Rs. 49,87,497.52/- (Rupees Forty Nine Lacs, Eighty Seven Thousand, Four Hundred Ninety Seven and Fifty Two Paisa only), along with future interest from the date of filing of the

(OA No.401/2024)

Page 2 of 9

[AMBADAS]

Original Application, i.e., 25.01.2024, 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 (Now deceased) had approached and requested the Applicant Bank for Crop Loan Facility. Upon considering the request and financial needs of the Defendant, the Applicant Bank Sanctioned Crop Loan Facility of Rs. 98,000/- vide sanction letter dated 20.07.2011 on certain terms and conditions. The agreed rate of interest for the aforesaid loan facility was @7% p.a. with half yearly rests. The Defendant also agreed to pay additional interest by way of liquidated damages in the event of any default in repayment.

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That, thereafter the defendant has approached to the applicant and requested to sanction Union Green Card Facility. Upon considering the request and financial needs of the Defendant, the Applicant Bank Sanctioned Union Green Card Facility of Rs.

(OA No.401/2024)

Page 3 of 9

[AMBADAS]

2,50,000/- vide sanction letter dated 02.08.2011 on certain terms

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and conditions. The agreed rate of interest for the aforesaid loan facility was @7% p.a. with half yearly rests. The Defendant also agreed to pay additional interest by way of liquidated damages in the event of any default in repayment.

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That, thereafter the defendant has approached to the applicant and requested to sanction Term Loan Facility. Upon considering the request and financial needs of the Defendant, the Applicant Bank Sanctioned Term Loan Facility of Rs. 5,00,000/- vide sanction letter dated 01.06.2012 on certain terms and conditions. The agreed rate of interest for the aforesaid loan facility was @13.75% p.a. with half yearly rests. The Defendant also agreed to pay additional interest by way of liquidated damages in the event of any default in repayment.

(OA No.401/2024)

Page 4 of 9

[AMBADAS]

In order to secure the aforesaid loan facilities, the Defendant executed various loan documents in favour of the Applicant Bank. These included sanction letters, letters of undertaking, demand promissory notes, letters of continuity, deeds of hypothecation and registered mortgage deed bearing day book no. 2177 dated 29.07.2011 etc. Additionally defendant no. 2 & 3 stood as guarantors for defendant no. 1 and executed deed of guarantee in favour of the applicant bank.

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The Applicant Bank further contends that, in order to secure the aforesaid loan facility, the Defendants created first charge over their immovable property under mortgage deed bearing day book no. 2177 dated 29.07.2011 in favour of the Applicant Bank. The mortgage was created in respect of the following properties-

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i) All that piece and parcel of agricultural land admeasuring 01 H, 76 R, out of Gut No. 119, situated at Village Joshi Sanghvi, Tq. Loha, Dist. Nanded, which is bounded as per record of rights.

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ii) All that piece and parcel of agricultural land admeasuring 2 H, 00 R, out of Gut No. 88, situated at Village Kapshi (Bk.), Tq. Loha, Dist. Nanded, which is bounded as per record of rights.

(OA No.401/2024)

Page 5 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 defendants became irregular and classified as NPA on 31.03.2019. Therefore on 17.11.2023 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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During pendency of the OA, the defendant No. 1 died and his legal heirs have been brought on record. The defendants failed to appear in matter though they were duly served. Hence the

(OA No.401/2024)

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[AMBADAS]

defendants were proceeded ex-parte as per order dated 17.11.2025.

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The applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Mr. Shivanjan Choudhury s/o Sanat Kumar Choudhary, Chief Manager of the applicant Bank, and has produced on record the original loan transaction documents as Exh. A-1 to A-29 along with list of documents Exh.5 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 are mortgaged in favour of the applicant bank.

(OA No.401/2024)

Page 7 of 9

[AMBADAS]

The applicant Bank has claimed future interest @ 7% & @ 13.75% p.a. from the date of filing i.e. 25.01.2024 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 outstanding amount, it would be just and reasonable rate of interest.

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ORDER

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(A) Original Application No. 401/2024 is allowed with costs.

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(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 49,87,497.52/- (Rupees Forty Nine Lacs, Eighty Seven Thousand, Four Hundred Ninety Seven and Fifty Two Paisa only), along with future interest @ 9% per annum (simple) from the date of filing of the Original Application i.e. 25.01.2024 till full payment/realization of the amount mentioned in this operative order.

(OA No.401/2024)

Page 8 of 9

[AMBADAS]

simple mortgage deed bearing day book no. 2177 dated

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29.07.2011 Exh. A-19 in list of documents Exh. 5.

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i) All that piece and parcel of agricultural land admeasuring 01 H, 76 R, out of Gut No. 119, situated at Village Joshi Sanghvi, Tq. Loha, Dist. Nanded, which is bounded as per record of rights.

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ii) All that piece and parcel of agricultural land admeasuring 2 H, 00 R, out of Gut No. 88, situated at Village Kapshi (Bk.), Tq. Loha, Dist. Nanded, which is bounded as per record of rights.

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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.

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(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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(G)

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Sd/-

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Pronounced in open court. Place: Aurangabad Date:. 12.12.2025

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

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(OA No.401/2024)

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Page 9 of 9

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[AMBADAS]

Union Bank of India v. Maroti Vishwanath Thote (Deceased)

Case brief

What is this about?

What did the court decide?

Union Bank of India v. Maroti Vishwanath Thote (Deceased)

Case brief

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What did the court decide?

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