Allowed

Maharastra Gramin Bank v. Vishal Shaligram Dabhade

DRT21 Nov 2025OA/499/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's application for recovery of Rs. 27,69,715/- outstanding from borrowers and guarantors who failed to repay a term loan. The court awarded the principal with future interest at 11% per annum instead of the agreed 13.25% and secured the debt via mortgaged properties.

What did the court decide?

Applicants entitled to Rs. 27,69,715/- plus interest @11% p.a. from 11.10.2022, secured by mortgaged properties; recovery certificate issued.

Maharastra Gramin Bank versus Vishal Shaligram Dabhade — Landlord and Tenant | DRT (2025)

¶1

Presented on: 11.10.2022 Registered on: 22.11.2022 Decided on: 21.11.2025 Duration: Y M D 03 01 10

¶2

IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 499/2022

¶3

TOTAL CLAIM AMOUNT – Rs. 27,69,715/-

¶4

Maharashtra Gramin Bank ,

¶5

A Scheduled Commercial Bank Constituted under

¶6

Section 3 of the Regional Rural Bank Act, 1976 and also a Banking Company under Section 5 © of the Banking Regulation Act, 1949 (10 of 1949) having its Head Office at Plot No. 42, Gat No. 33, Golwadi, Growth Centre, Waluj Mahanagar-IV, CIDCO, having its Branch at Badnapur, Tq. Badnapur, Dist. Jalna, through its Branch Manager and Principal Officer Shri. Sachin S/o Chandrakant Daspute.

… Applicant

(OA No 499/2022)

Page 1 of 9

[AMBADAS]

Versus

1. Shri Vishal Shaligram Dabhade, Pushpkunj Niwas, Plot No. 75, Vidyut Colony, Old Jalna, Tq. and Dist. Jalna-431 203.

¶13

2. Shri Shaligram Asaram Dabhade, Through Legal Reprsentatives,

¶14

02 (i) Smt. Pushpalata W/o. Shaligram Dabhade, Pushpkunj Niwas, Plot No. 75, Vidyut Colony, Old Jalna, Tq. and Dist. Jalna-431 203.

¶15

02 (ii) Shri. Vishal S/o. Shaligram Dabhade, Pushpkunj Niwas, Plot No. 75, Vidyut Colony, Old Jalna, Tq. and Dist. Jalna-431 203.

¶16

02 (iii) Shri. Sushil S/o. Shaligram Dabhade, Pushpkunj Niwas, Plot No. 75, Vidyut Colony, Old Jalna, Tq. and Dist. Jalna-431 203.

¶17

02 (iv) Smt. Savita D/o. Shaligram Dabhade, Pushpkunj Niwas, Plot No. 75, Vidyut Colony, Old Jalna, Tq. and Dist. Jalna-431 203.

¶18

02 (v) Smt. Vaishali D/o. Shaligram Dabhade, Pushpkunj Niwas, Plot No. 75, Vidyut Colony, Old Jalna, Tq. and Dist. Jalna-431 203.

¶19

02 (vi) Smt. Kavita D/o. Shaligram Dabhade, Pushpkunj Niwas, Plot No. 75, Vidyut Colony, Old Jalna, Tq. and Dist. Jalna-431 203.

(OA No 499/2022)

Page 2 of 9

[AMBADAS]

3. Shri Vinayak Jija Mangadde, At Kumbhari, Tq. Badnapur, Dist. Jalna

¶24

…Defendants

¶25

APPEARANCES

¶26

For the Applicant Mr. J. R. Kalyankar -Advocate For Defendants Ex-parte

¶27

JUDGMENT

¶28

Delivered on 21.11.2025

¶29

The Applicant Bank has filed the present application for the recovery of a sum of Rs. 27,69,715/- (Rupees Twenty Seven Lacs, Sixty Nine Thousand, Seven Hundred and Fifteen only), along with future interest from the date of filing of the Original Application, i.e., 11.10.2022, until the date of realization of the entire outstanding dues from the Defendants.

¶30

Brief facts of the application are as under:

¶31

The Applicant Bank states that the Defendant No. 1 had approached and requested the Applicant Bank for Term Loan Facility. Upon considering the request and financial needs of the Defendants, the Applicant Bank sanctioned Term Loan Facility.of

(OA No 499/2022)

Page 3 of 9

[AMBADAS]

Rs. 15,00,000/- vide sanction letter dated 16.10.2015 on certain

¶36

terms and conditions. The agreed rate of interest for the aforesaid

¶37

loan facility was @13.25% p.a. with yearly rests. The Defendants also agreed to pay additional interest by way of liquidated damages in the event of any default in repayment.

¶38

In order to secure the aforesaid loan facilities, the Defendants executed various loan documents in favour of the Applicant Bank. These included sanction letter, demand promissory note, composite agreement, request letter, simple mortgage deed bearing Sr. No. 5297 dated 16.12.2015 etc., Additionally defendant No. 2 & 3 stood as guarantors for defendant No. 1 and executed deed of guarantee dated 06.01.2016 in favour of the

¶39

applicant bank.

¶40

The Applicant Bank further contends that, in order to secure the aforesaid loan facility, the Defendant created first charge over his immovable property by executing simple mortgage deed bearing

(OA No 499/2022)

Page 4 of 9

[AMBADAS]

Sr. No. 5297 dated 16.12.2015. The mortgage was created in

¶45

respect of the following properties:

¶46

i) All that piece and parcel of plot no. 75 A Part, CTS No. 6992/A81/2, S. No. 446/1, admeasuring 1414.13 Sq.Ft., at Vidyut Colony, Jalna, which is bounded as under:

¶47

North: Plot No. 87, East: Open Space, West: Asaram Kale, South: 12 mtr, internal road.

¶48

ii) All that piece and parcel Agricultural land admeasuring 0.35 hectare, in Gat No. 71 situated at Kumbhari, Tq. Badnapur, Dist. Jalna, which is bounded as under:

¶49

North: Gajanan Jija, East: Jaganath Jadhav, West: Nala, South: Govt. Shiv.

¶50

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

(OA No 499/2022)

Page 5 of 9

[AMBADAS]

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 31.12.2021. Therefore on 12.09.2022 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.

¶55

The defendants failed to appear in matter though they were duly served. Hence, the defendants were proceeded ex-parte as per Order dated 15.05.2023.

¶56

The applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Shri. Sachin S/o. Chandrakant Daspute, Branch Head of the applicant Bank, and has produced on record the original loan transaction documents as Annexure A-1 to A-32 along with list of documents Exh.5 which corroborates the case of the applicant Bank.

(OA No 499/2022)

Page 6 of 9

[AMBADAS]

I have heard arguments of the learned Advocate for the applicant Bank.

¶61

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.

¶62

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

¶63

The applicant Bank has claimed future interest @ 13.25 % p.a. from the date of filing i.e. 11.10.2022 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.

(OA No 499/2022)

Page 7 of 9

[AMBADAS]

ORDER

(A) Original Application No. 499/2022 is allowed with

¶69

costs.

¶70

(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 27,69,715/- (Rupees Twenty Seven Lacs, Sixty Nine Thousand, Seven Hundred and Fifteen only), along with future interest @11 % per annum (simple) from the date of filing of the Original Application i.e. 11.10.2022 till full payment/realization of the amount mentioned in this operative order.

¶71

(C) The aforesaid adjudicated amount is secured by the mortgage of the following immovable properties vide documents at Annexure A-12 in list of documents Exh. 5.

¶72

i) All that piece and parcel of plot no. 75 A Part, CTS No. 6992/A81/2, S. No. 446/1, admeasuring 1414.13 Sq.Ft., at Vidyut Colony, Jalna, which is bounded as under:

¶73

North: Plot No. 87, East: Open Space, West: Asaram Kale, South: 12 mtr, internal road.

(OA No 499/2022)

Page 8 of 9

[AMBADAS]

ii) All that piece and parcel Agricultural land admeasuring 0.35 hectare, in Gat No. 71 situated at Kumbhari, Tq. Badnapur, Dist. Jalna, which is bounded as under:

¶78

North: Gajanan Jija, East: Jaganath Jadhav, West: Nala, South: Govt. Shiv.

¶79

(D) The applicant Bank is entitled to sell the mortgaged immovable properties and hypothecated articles/goods etc., to recover its dues.

¶80

(E) Issue Recovery Certificate accordingly.

¶81

(F) The Registrar is directed to send the copy of the Judgment and Recovery Certificate to the applicant and defendants.

¶82

(G) File be consigned to the record room.

¶83

Sd/-

¶84

Pronounced in open court. (Dr. J. R. Chauhan) Place: Aurangabad Presiding Officer Date:. 21.11.2025 Debts Recovery Tribunal, Aurangabad

¶85

(OA No 499/2022)

¶86

Page 9 of 9

¶87

[AMBADAS]

Maharastra Gramin Bank v. Vishal Shaligram Dabhade

Case brief

What is this about?

What did the court decide?

Maharastra Gramin Bank v. Vishal Shaligram Dabhade

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Canara Bank versus Pravin Sudhakar Satonkar

Canara Bank versus Laxman Shankar Sangale

Maharastra Gramin Bank versus M/S. Yerte Dal Udyog

Union Bank of India versus M/S Vatsala Electricals

Icici Bank Limited versus Krishna Kailash Gawande

Bank of Maharashtra versus M/S Bramhi Print and Pack