Allowed

Union Bank of India v. Chandrakant Maruti Mohite

DRT3 Oct 2025OA/409/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an application filed by Union Bank of India for recovery of Rs. 1,61,43,572/- along with future interest. Since defendants appeared ex-parte, the court upheld the bank's claim and ordered realization from mortgaged properties.

What did the court decide?

O.A. allowed; respondents to pay Rs. 1,61,43,572/- plus future interest @ 11% p.a. secured by sale of mortgaged properties.

Union Bank of India versus Chandrakant Maruti Mohite — Banking and Recovery | DRT (2025)

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Presented on: 10.08.2022 Registered on: 10.10.2022 Decided on: 03.10.2025 Duration: Y M D 03 01 23

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 409/2022

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TOTAL CLAIM AMOUNT – Rs. 1,61,43,572/-

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Union Bank of India,

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A body corporate constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act V, 1970 having its Head Office at 239, Backbay Reclamation Bombay 40021 and one of its Branch at Rashin Branch, Taluka Karjat, District Ahmednagar and acting through its one of authorized officer Shri. Bapu Abasaheb Supekar, Age: 42 years, Occupation: Branch Manager, Union Bank of India, Rashin Branch Taluka Karjat, District Ahmednagar and having authority to file the application which includes the authority to sign and verify the application.

… Applicant

Versus

(OA No.409/2022)

Page 1 of 13

[AMBADAS]

1. Chandrakant Maruti Mohite, Age: 51 years, Occu.: Agriculture, At 97, Village Baradgaon Dagdi, Taluka Karjat, District Ahmednagar 414403.

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2. Maruti Sopanrao Mohite, Age: 80 years, Occu.: Agriculture, Village Baradgaon Dagdi, Taluka Karjat, District Ahmednagar 414403.

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3. Pandurang Sopan Gawali,

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Age: 50 years, Occu.: Agriculture, Village Baradgaon Dagdi, Taluka Karjat, District Ahmednagar 414403.

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4. Sopan Shankar Gawali,

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Age: 83 years, Occu.: Agriculture, Village Baradgaon Dagdi, Taluka Karjat, District Ahmednagar 414403.

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5. Ramdas Sopan Gawali,

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Age: 54years, Occu.: Agriculture, Village Baradgaon Dagdi, Taluka Karjat, District Ahmednagar 414403.

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6. Bhausaheb Bapurao Nimbhore,

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Age: 50 years, Occu.: Agriculture, At Thorat Wadi, Village Rashin, Taluka Karjat, District Ahmednagar 414403. And

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Bhausaheb Bapurao Nimbhore, Age: 50 years, Occu.: Agriculture, At Village Baradgaon Dagdi, Taluka Karjat, District Ahmednagar 414403.

(OA No.409/2022)

Page 2 of 13

[AMBADAS]

7. Vikas Maruti Thorat,

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Age: 39 years, Occu.: Agriculture, At Thorat Wadi, Village Rashin, Taluka Karjat, District Ahmednagar 414403.

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…Defendants

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APPEARANCES

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For the Applicant For Defendants

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Mr. Kulkarni Vivek B -Advocate Ex-parte

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JUDGMENT

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Delivered on 03.10.2025

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The Applicant Bank has filed the present application for the recovery of a sum of Rs. 1,61,43,572/- ( Rupees One Crore, Sixty One Lacs, Forty Three Thousand, Five Hundred and Seventy Two only), along with future interest from the date of filing of the Original Application, i.e., 10.08.2022, 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 Nos. 1 to 5 approached and requested the Applicant Bank for a Term loan facility. Upon considering the request and financial needs of the

(OA No.409/2022)

Page 3 of 13

[AMBADAS]

Defendants, the Applicant Bank sanctioned a Term loan facility of

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Rs. 1,35,00,000/- vide sanction letter dated 06.08.2013 on certain terms and conditions. The agreed rate of interest for the Term loan was @14% 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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In order to secure the aforesaid loan facility, the Defendants executed various loan documents in favour of the Applicant Bank. These included sanction letters, form of declaration, letter of undertaking, demand promissory note, & hypothecation agreement. Additionally defendant No. 6 & 7 stood as guarantors for defendant Nos. 1 to 5 and executed deed of guarantee on 31.08.2013 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 by executing form of declaration dated

(OA No.409/2022)

Page 4 of 13

[AMBADAS]

31.08.2013 in favour of the Applicant Bank. The mortgage was

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created in respect of the following properties-

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i) All that piece and parcel of agricultural land admeasuring 2 Hector 66 R, plus 0.06 R unfertile land, situated at Gat No. 39 at village Baradgaon Dagdi, Taluka Karjat, District Ahmednagar, owned by defendant No. 1.

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ii) All that piece and parcel of agricultural land admeasuring 2 Hector 18 R, plus 0 Hector 11 R unfertile land, situated at Gat No. 47, at village Baradgaon Dagdi, Taluka Karjat, District Ahmednagar, owned by defendant No. 1.

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iii) All that piece and parcel of agricultural land admeasuring 0 Hector 00 R, plus 0 Hector 60 R unfertile land, situated at Gat No. 107/1 at village Baradgaon Dagdi, Taluka Karjat, District Ahmednagar, owned by defendant No. 2.

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iv) All that piece and parcel of agricultural land admeasuring 0 Hector 36 R, situated at Gat No. 107/3 at village Baradgaon Dagdi, Taluka Karjat, District Ahmednagar, owned by defendant No. 2.

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v) All that piece and parcel of agricultural land admeasuring 0 Hector 26 R, situated at Gat No. 107/2 at village Baradgaon Dagdi, Taluka Karjat, District Ahmednagar, owned by defendant No. 2.

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vi) All that piece and parcel of agricultural land admeasuring 0 Hector 22 R, situated at Gat No. 107/4 at village Baradgaon Dagdi, Taluka Karjat, District Ahmednagar, owned by defendant No. 2.

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vii) All that piece and parcel of agricultural land admeasuring 01 Hector 34 R, plus 0 Hector 11 R unfertile land, situated at Gat No.

(OA No.409/2022)

Page 5 of 13

[AMBADAS]

108/1 at village Baradgaon Dagdi, Taluka Karjat, District Ahmednagar, owned by defendant No. 2.

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viii) All that piece and parcel of agricultural land admeasuring 2 Hector 63 R, plus 0 Hector 87 R, situated at Gat No. 31 at village Baradgaon Dagdi, Taluka Karjat, District Ahmednagar, owned by defendant No. 2.

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ix) All that piece and parcel of agricultural land admeasuring 0 Hector 41 R, situated at Gat No. 50/2 at village Baradgaon Dagdi, Taluka Karjat, District Ahmednagar, owned by defendant No. 3.

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x) All that piece and parcel of agricultural land admeasuring 0 Hector 89 R, plus 0 Hector 03 R unfertile land situated at Gat No. 154 at village Yeswadi, Taluka Karjat, District Ahmednagar, owned by defendant No. 3.

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xi) All that piece and parcel of agricultural land admeasuring 0 Hector 54 R, situated at Gat No. 156/1 at village Yeswadi, Taluka Karjat, District Ahmednagar, owned by defendant No. 3.

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xii) All that piece and parcel of agricultural land admeasuring 0 Hector 54 R, situated at Gat No. 156/2 at village Yeswadi, Taluka Karjat, District Ahmednagar, owned by defendant No. 3.

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xiii) All that piece and parcel of agricultural land admeasuring 0 Hector 75 R, situated at Gat No. 51 at village Baradgaon Dagdi, Taluka Karjat, District Ahmednagar, owned by defendant No. 4. xiv) All that piece and parcel of agricultural land admeasuring 0 Hector 27R, situated at Gat No. 58 at village Baradgaon Dagdi, Taluka Karjat, District Ahmednagar, owned by defendant No. 4.

(OA No.409/2022)

Page 6 of 13

[AMBADAS]

xv) All that piece and parcel of agricultural land admeasuring 0 Hector 40 R, situated at Gat No. 50/1 at village Baradgaon Dagdi, Taluka Karjat, District Ahmednagar, owned by defendant No. 5.

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xvi) All that piece and parcel of agricultural land admeasuring 0 Hector 79 R, situated at Gat No. 155 at village Yeswadi, Taluka Karjat, District Ahmednagar, owned by defendant No. 5.

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xvii) All that piece and parcel of agricultural land admeasuring 0 Hector 54 R, situated at Gat No. 156/3 at village Yeswadi, Taluka Karjat, District Ahmednagar, owned by defendant No. 5.

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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 30.06.2019. Therefore, on 08.06.2022 the applicant bank issued legal notice to the defendants through their advocate. Despite service of Notices, the

(OA No.409/2022)

Page 7 of 13

[AMBADAS]

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 summons. Hence, the defendants were proceeded ex-parte as per Order dated 07.08.2023.

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The applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Bapu S/o Abasaheb Supekar, Branch Manager of the applicant Bank, and has produced on record the original loan transaction documents as Annexure A-1 to A-13 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.

(OA No.409/2022)

Page 8 of 13

[AMBADAS]

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

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The applicant Bank has claimed future interest @14% p. a. from the date of filing i.e. 10.08.2022 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 @ 11% per annum (simple), it would be just and reasonable rate of interest.

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ORDER

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(A) Original Application No. 409/2022 is allowed with costs.

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(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 1,61,43,572/- ( Rupees One Crore, Sixty One Lacs, Forty Three Thousand, Five Hundred and Seventy Two only), along with future interest @ 11% per annum (simple) from the date of filing of the O. A. i.e. 10.08.2022 till full

(OA No.409/2022)

Page 9 of 13

[AMBADAS]

payment/realization of the amount mentioned in this operative order.

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mortgage of the following immovable properties vide form of declaration dated 31.08.2013 at annexure A-9 in list of documents Exh. 5.

iv) All that piece and parcel of agricultural land admeasuring 0 Hector 36 R, situated at Gat No. 107/3 at village Baradgaon Dagdi, Taluka Karjat, District Ahmednagar, owned by defendant No. 2.

(OA No.409/2022)

Page 10 of 13

[AMBADAS]

v) All that piece and parcel of agricultural land admeasuring 0 Hector 26 R, situated at Gat No. 107/2 at village Baradgaon Dagdi, Taluka Karjat, District Ahmednagar, owned by defendant No. 2.

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vi) All that piece and parcel of agricultural land admeasuring 0 Hector 22 R, situated at Gat No. 107/4 at village Baradgaon Dagdi, Taluka Karjat, District Ahmednagar, owned by defendant No. 2.

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vii) All that piece and parcel of agricultural land admeasuring 01 Hector 34 R, plus 0 Hector 11 R unfertile land, situated at Gat No. 108/1 at village Baradgaon Dagdi, Taluka Karjat, District Ahmednagar, owned by defendant No. 2.

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ix) All that piece and parcel of agricultural land admeasuring 0 Hector 41 R, situated at Gat No. 50/2 at village Baradgaon Dagdi, Taluka Karjat, District Ahmednagar, owned by defendant No. 3.

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xi) All that piece and parcel of agricultural land admeasuring 0 Hector 54 R, situated at Gat No. 156/1 at

(OA No.409/2022)

Page 11 of 13

[AMBADAS]

village Yeswadi, Taluka Karjat, District Ahmednagar, owned by defendant No. 3.

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xii) All that piece and parcel of agricultural land admeasuring 0 Hector 54 R, situated at Gat No. 156/2 at village Yeswadi, Taluka Karjat, District Ahmednagar, owned by defendant No. 3.

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xiii) All that piece and parcel of agricultural land admeasuring 0 Hector 75 R, situated at Gat No. 51 at village Baradgaon Dagdi, Taluka Karjat, District Ahmednagar, owned by defendant No. 4.

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xiv) All that piece and parcel of agricultural land admeasuring 0 Hector 27R, situated at Gat No. 58 at village Baradgaon Dagdi, Taluka Karjat, District Ahmednagar, owned by defendant No. 4.

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xv) All that piece and parcel of agricultural land admeasuring 0 Hector 40 R, situated at Gat No. 50/1 at village Baradgaon Dagdi, Taluka Karjat, District Ahmednagar, owned by defendant No. 5.

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xvi) All that piece and parcel of agricultural land admeasuring 0 Hector 79 R, situated at Gat No. 155 at village Yeswadi, Taluka Karjat, District Ahmednagar, owned by defendant No. 5.

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xvii) All that piece and parcel of agricultural land admeasuring 0 Hector 54 R, situated at Gat No. 156/3 at village Yeswadi, Taluka Karjat, District Ahmednagar, owned by defendant No. 5.

(OA No.409/2022)

Page 12 of 13

[AMBADAS]

(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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Sd/-

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Pronounced in open court. (Dr. J. R. Chauhan) Place: Aurangabad Presiding Officer Date:.03.10.2025 Debts Recovery Tribunal, Aurangabad

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(OA No.409/2022)

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Page 13 of 13

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[AMBADAS]

Union Bank of India v. Chandrakant Maruti Mohite

Case brief

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Union Bank of India v. Chandrakant Maruti Mohite

Case brief

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