Debts Recovery Tribunal allowed an application filed by HDFC Bank for recovery of Rs. 22,84,469.47 plus future interest. The court proceeded ex parte against defaulting borrowers who failed to repay a credit loan and appeared in court.
Recovery of Rs. 22,84,469.47 and future interest at 9% p.a. simple from 28.03.2024; sale rights over hypothecated vehicle.
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: 28.03.2024 Registered on: 03.07.2024 Decided on: 19.12.2025 Duration: Y M D 01 08 21
IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Shri Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No.486/2024
TOTAL CLAIM AMOUNT – Rs. 22,84,469.47/-
HDFC Bank Ltd.
A Registered Company, Having its Registered Office at HDFC Bank House, Senapati Bapat Marg, Lower Parel, (West), Mumbai. AND having its branch office at 1st Floor, Pritisudha Shopping Centre, Benjonji Road, Jalna-431203.
… Applicant
Through its Authorized Signatory
(OA No.486-2024)
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[Ambadas]
Shri. Rahul S/o Tatyasaheb Gade, Age: 41 Years, Occ. Service, R/o: C/o. HDFC Bank Ltd., 1st Floor, Renuka Commercial Complex, Nirala
Bazar, Aurangabad.
Mobile:- 9421800308. E-mail:- [email protected]
Versus
Through its Proprietor,
Kakasaheb Shyamrao Murkute,
Age: 43 Years, Occ. : Business,
R/o: At Kedarkheda, Beside Co-operative
Bank, Tq. Bhokardhan, District
Jalna-431203.
Mob No:- 9423730271. PAN: BRYPM9807K.
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[Ambadas]
Age: 40 Years, Occ: Business/Home
Maker,
R/o: At Kedarkheda, Beside Co-operative
Bank, Tq. Bhokardhan, District
Jalna-431203.
Mob No: 9823973033. PAN: CYQPM0112F.
APPEARANCES For the Applicant Mr. Umesh N. Shete - Advocate For Defendants Ex-parte
J U D G M E N T Delivered on (19.12.2025)
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[Ambadas]
Credit Loan facility from 06.03.2024 till the full realization of the entire dues and costs from the Defendants.
Brief facts of the application are as under:
The agreed rate of Fixed interest for the Credit loan facility was @09.76% p.a. with monthly rests.
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[Ambadas]
letter, hypothecation agreement, letter of undertaking etc.
Description of Hypothecated Assets:-
Ashok Leyland 2820 T registered with the Registering Authority With Registration bearing No. MH-21-BH-5711 An Endorsement of Hypothecation in favour of the Applicant Bank.
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[Ambadas]
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 30.11.2023. Therefore, the applicant Bank issued legal notice to the Defendants through their Advocate on 04.11.2023. Despite service of Notice, the Defendants failed and neglected to repay the outstanding dues of the applicant Bank. Hence, this application is filed.
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[Ambadas]
Bank.
Hence, I pass the following order.
ORDER
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[Ambadas]
(B) The Defendants shall pay jointly and severally to the Applicant Bank a sum of Rs. 22,84,469.47/- (Rs. Twenty Two Lakhs, Eighty Four Thousand, Four Hundred Sixty Nine and Forty Seven Paisa Only) alongwith future interest at @9% per annum (simple) from the date of filing of the Original Application, i.e., 28.03.2024, till full payment/ realization of the said amount.
(C) The aforesaid adjudicated amount is secured by Agreement for Loan and Guarantee and Irrevocable power of Attorney in favour of the Applicant Bank vide document Exh. AW-1/3 and AW-1/4 in list of Documents Exh.5.
Description of Hypothecation :- Ashok Leyland 2820 T registered with the Registering Authority With Registration bearing No. MH-21-BH-5711 An Endorsement of
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[Ambadas]
Hypothecation in favour of the Applicant Bank.
(D) The applicant Bank is entitled to sell the hypothecated
Vehicle No. MH-21-BH-5711/ articles/goods etc., to recover its dues.
(E) Issue Recovery Certificate accordingly.
(F) The Registrar is directed to send the copy of the Judgment and Recovery Certificate to the applicant and Defendants.
(G) File be consigned to the record room.
Sd/-
(Dr. J. R. Chauhan) Place : Aurangabad Presiding Officer Date : 19.12.2025 Debts Recovery Tribunal, Aurangabad
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[Ambadas]
2 issues framed by the court
Whether the bank is entitled to recovery of outstanding loan dues and future interest.
Whether the application should be allowed ex parte in the absence of the defendants.
1 provisions across 1 enactments
HDFC Bank Ltd.
Kedareshwar Constructions
Kakasaheb Shyamrao Murkute
Anita Kakasaheb Murkute
Dr. J. R. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
