Allowed

State Bank of India v. Smt. Dhanshree Vishnukant Debadwar

DRT5 Dec 2025OA/454/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an original application filed by State Bank of India for recovery of a housing loan. The defendants failed to repay the sanctioned amount, leading the bank to file this application. The Tribunal found the evidence unrebutted due to the defendants' absence and granted the claim.

What did the court decide?

Defendants ordered to pay Rs. 25,63,563/- with future interest at 9% p.a. from filing date, secured by mortgaged property.

State Bank of India versus Smt. Dhanshree Vishnukant Debadwar — Banking and Recovery | DRT (2025)

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Presented on: 17.02.2024 Registered on: 15.06.2024 Decided on: 05.12.2025 Duration: Y M D 01 09 18

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 454/2024

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TOTAL CLAIM AMOUNT – Rs. 25,63,563/-

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State Bank of India (SARB), is a body corporate constituted under the State Bank of India (SARB), Act, 1955, having a SME Branch, at Aurangabad, through its CCO Mrs. Kavita Vasudeo Khalse, Age: 36 yrs., Occ.: Service, SARB, Aurangabad, R/o. Aurangabad.

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… Applicant

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Versus

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1. Smt. Dhanashree Vishnukant Debadwar, Age: Major, Occ. Business, R/o. CL-01/8/1, Shriram Niwas, 12^th Scheme, Shivaji Nagar, Aurangabad, Dist. Aurangabad 431005.

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2. Mr. Vishnukant Govindrao Debadwar, Age: Major, Occ. Business, R/o. CL-01/8/1, Shriram Niwas, 12^th Scheme, Shivaji Nagar, Aurangabad, Dist. Aurangabad 431005.

…Defendants

(OA No.454/2024)

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[AMBADAS]

APPEARANCES

For the Applicant For Defendants

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Mr. A. L. Muley -Advocate Mr. Shyam S Jawale-Advocate

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JUDGMENT

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Delivered on 05.12.2025

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The Applicant Bank has filed the present application for the

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recovery of a sum of Rs. 25,63,563/- (Rupees Twenty Five Lacs, Sixty Three Thousand, Five Hundred and Sixty Three only), along with further interest from the date of filing of the Original Application, i.e., 17.02.2024, 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 and 2 had approached and requested the Applicant Bank for Housing Loan Facility. Upon considering the request and financial needs of the Defendants, the Applicant Bank sanctioned Housing Loan Facility of Rs. 25,64,000/- vide arrangement letter dated 22.07.2016 on certain terms and conditions. The agreed rate of interest for

(OA No.454/2024)

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[AMBADAS]

aforesaid loan facility was @ 9.50% per annum with monthly 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 arrangement letter, housing loan agreement, sale deed vide its registration no. AGG3-2911-2016 dated 21.07.2016 etc., in favor of the applicant bank.

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The Applicant Bank further contends that, in order to secure the aforesaid loan facilities sanctioned to them, the Defendants created first charge over their immovable property by executing agreement to sale vide its registration no. AGG3-2911-2016 dated 21.07.2016, in favour of the Applicant Bank. The mortgage was created in respect of the following property –

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All that piece & parcel of Flat no. 604, Stilt 5^th Floor, “Samarth Height”, Plot No. 31 to 36, Gut No. 8/1, situated at Nakshtrawadi, Aurangabad.

(OA No.454/2024)

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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 30.04.2023. Therefore, on 14.12.2023 the applicant bank issued legal Notice to the defendants. The defendants failed and neglected to repay the outstanding dues of the applicant Bank. Hence, this application is filed.

(OA No.454/2024)

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[AMBADAS]

The defendants appeared in matter but failed to file written statement. Hence, the right of defendants to file written statement stands closed as per Order dated 01.05.2025.

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The applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Mrs. Kavita Vasudeo Khalse, City Case Officer & Dy. Manager of the applicant Bank, and has produced on record the original loan transaction documents as Exh. A-1 to A-12 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 and counsel for defendants.

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Since the defendants failed to file the written statement and did not 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.454/2024)

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[AMBADAS]

The applicant Bank has claimed charge over immovable property

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of the borrowers which is mortgaged in favour of the applicant bank.

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The applicant Bank has claimed future interest @9.50% p.a. on aforesaid loans from the date of filing i.e. 17.02.2024 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), it would be just and reasonable rate of interest.

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ORDER

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(A) Original Application No. 454/2024 is allowed with costs.

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(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 25,63,563/- (Rupees Twenty Five Lacs, Sixty Three Thousand, Five Hundred and Sixty

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Three only), along with future interest @ 9% per annum

(OA No.454/2024)

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[AMBADAS]

(simple) from the date of filing of the Original Application i.e. 17.02.2024 till full payment/realization of the amount mentioned in this operative order.

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(C) The aforesaid adjudicated amount is secured by the mortgaged of the following immovable properties vide Agreement to sale vide its registration no. AGG3-29112016 dated 21.07.2016 at Exh. A-2 and documents Exh. A-4 to A-5 in list of documents Exh. 5.

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All that piece & parcel of Flat no. 604, Stilt 5^th Floor, “Samarth Height”, Plot No. 31 to 36, Gut No. 8/1, situated at Nakshtrawadi, Aurangabad.

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(D) The applicant Bank is entitled to sell the mortgaged immovable property to recover its dues.

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(E) Issue Recovery Certificate accordingly.

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(OA No.454/2024)

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[AMBADAS]