Debts Recovery Tribunal allowed the bank's application to recover a non-performing agricultural loan of Rs. 28,33,195.33, reduced future interest to 9%, and confirmed the security charge over six properties.
Defendants to pay Rs. 28,33,195.33 plus future interest at 9% p.a.; Recovery Certificate issued; entitlement to sell mortgaged properties confirmed.
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: 29.03.2023 Registered on: 06.02.2023 Decided on: 27.10.2025 Duration: Y M D 02 06 28
IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 54/2024
TOTAL CLAIM AMOUNT – Rs. 28,33,195.33/Punjab National Bank, A Body Corporate
constituted under the Banking companies (Acquisition and Transfer of Undertakings) Act 1970 & having it’s Head Office at Plot No. 4, Sector-10,
Dwarka, New Delhi-110075, having branches amongst the other places at New Plots, Amalner, Tq. Amalner, Dist. Jalgaon, through its Authorized Person, Mr. Ghanshyam s/o Mansu Bhusumkar Age: 36 yrs, Occ.: Service, R/o.: Amalner, Tq. Amalner, Dist. Jalgaon.
… Applicant
Versus
(OA No.54-2024)
Page 1 of 12
[AMBADAS]
1. Smt. Trivenibai Batugir Gosavi, Age: Major, Occ.: Agri., R/o.: At Nagaon Bk, Tq. Amalner, Dist. Jalgaon-425401. ALSO AT
Smt. Trivenibai Batugir Gosavi, Age: Major, Occ.: Agri., R/o.: Gut No. 51, situated at Nagaon Bk, Tq. Amalner, Dist. Jalgaon-425401. ALSO AT
Smt. Trivenibai Batugir Gosavi, Age: Major, Occ.: Agri., R/o.: Gut No. 50/4, situated at Nagaon Bk, Tq. Amalner, Dist. Jalgaon-425401. ALSO AT
Smt. Trivenibai Batugir Gosavi, Age: Major, Occ.: Agri., R/o.: Gut No. 58, situated at Nagaon Bk, Tq. Amalner, Dist. Jalgaon-425401.
ALSO AT
Smt. Trivenibai Batugir Gosavi, Age: Major, Occ.: Agri., R/o.: Gut No. 90, situated at Nagaon Bk, Tq. Amalner, Dist. Jalgaon-425401. ALSO AT
Smt. Trivenibai Batugir Gosavi, Age: Major, Occ.: Agri., R/o.: Gut No. 11/3, situated at Nagaon Bk, Tq. Amalner, Dist. Jalgaon-425401.
(OA No.54-2024)
Page 2 of 12
[AMBADAS]
ALSO AT Smt. Trivenibai Batugir Gosavi, Age: Major, Occ.: Agri., R/o.: Gut No. 106, situated at Nagaon Bk, Tq. Amalner, Dist. Jalgaon-425401. ALSO AT
Smt. Trivenibai Batugir Gosavi, Age: Major, Occ.: Agri., R/o.: Gut No. 51, situated at Nagaon Bk, Tq. Amalner, Dist. Jalgaon-425401.
2. Mr. Sahadev Batugir Gosavi, Age: Major, Occ.: Agri., R/o.: Nagaon Bk, Tq. Amalner, Dist. Jalgaon-425401.
3. Mr. Ankush Giridhar Patil, Age: Major, Occ.: Agri., R/o.: Nagaon Bk, Tq. Amalner, …Defendants Dist. Jalgaon-425401.
APPEARANCES For the Applicant Mr. K. D. Pande -Advocate For Defendants Ex-parte
JUDGMENT
Delivered on 27.10.2025
recovery of a sum of Rs. 28,33,195.33/- (Twenty Eight Lacs, Thirty Three Thousand, One Hundred Ninety Five and Thirty Three Paisa
(OA No.54-2024)
Page 3 of 12
[AMBADAS]
only), along with future interest from the date of filing of the Original Application, i.e., 29.03.2023, until the date of realization
of the entire outstanding dues from the Defendants.
Brief facts of the application are as under:
(OA No.54-2024)
Page 4 of 12
[AMBADAS]
mortgage deed bearing daybook no. 3478 dated 10.06.2014 &
hypothecation agreements etc. Additionally, Defendant No. 3 stood as guarantor for defendant No. 1 and 2 and executed deed of guarantee dated 11.06.2014 in favour of the Applicant Bank.
East: Gut Nos. 52 & 58, West: Gut No. 50, South: Gut No. 98 North: Gut No. 46 & 47.
(OA No.54-2024)
Page 5 of 12
[AMBADAS]
of 0 H 57.5 R, out of Gut No. 58, situated at Nagaon Bk, Tq. Amalner, Dist. Jalgaon, which is bounded as under:
East: Gut Nos. 60, West: Gut No. 51, South: Gut No. 59, North: Gut No. 53.
East: Gut Nos. 89, West: Gut No. 96 & 97, South: Gut No. 91 & 92, North: Gut No. 59 & 60.
East: Gut Nos. 12 & 13, West: Gut No. 11, South: Gut No. 37, North: Gut No. 07.
East: Gut Nos. 95, West: Gut No. 90 & 105, South: Gut No. 109, North: Gut No. 90.
(OA No.54-2024)
Page 6 of 12
[AMBADAS]
The Applicant Bank further states that Defendants also executed a Hypothecation Agreement, thereby hypothecating in favour of the Applicant Bank all stocks of raw materials, semi-finishedgoods, consumable stores and spares, book debts etc., and all other movables of the borrowers including unencumbered plant and machineries.
(OA No.54-2024)
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[AMBADAS]
defendants failed and neglected to repay the outstanding dues of the applicant Bank. Hence, this application is filed.
The defendants failed to appear in matter though they were served through RPAD. Hence, the defendants were proceeded exparte as per Order dated 22.09.2025
(OA No.54-2024)
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[AMBADAS]
ORDER
(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 28,33,195.33/- (Twenty Eight Lacs, Thirty Three Thousand, One Hundred Ninety Five and Thirty Three Paisa only), along with future interest @ 9% per annum (simple) from the date of filing of the O.A. i.e. 29.03.2023 till full payment/realization of the amount mentioned in this operative order.
(OA No.54-2024)
Page 9 of 12
[AMBADAS]
(C) The aforesaid adjudicated amount is secured by the mortgage of the following immovable properties bearing daybook no. 3478 vide registered mortgage deed dated 10.06.2014 at Exh A-4 in list of documents
Exh. 5.
East: Gut Nos. 52 & 58, West: Gut No. 50, South: Gut No. 98 North: Gut No. 46 & 47.
East: Gut Nos. 60, West: Gut No. 51, South: Gut No. 59, North: Gut No. 53.
(OA No.54-2024)
Page 10 of 12
[AMBADAS]
East: Gut Nos. 89, West: Gut No. 96 & 97, South: Gut No. 91 & 92, North: Gut No. 59 & 60.
East: Gut Nos. 12 & 13, West: Gut No. 11, South: Gut No. 37, North: Gut No. 07.
East: Gut Nos. 95, West: Gut No. 90 & 105, South: Gut No. 109, North: Gut No. 90.
(D) The applicant Bank is entitled to sell the mortgaged immovable properties and hypothecated articles/goods etc., to recover its dues.
(OA No.54-2024)
Page 11 of 12
[AMBADAS]
Sd/-
Pronounced in open court. (Dr. J. R. Chauhan) Place: Aurangabad Presiding Officer Date:.27.10.2025 Debts Recovery Tribunal, Aurangabad
(OA No.54-2024)
Page 12 of 12
[AMBADAS]
1 issue framed by the court
Whether the applicant bank was entitled to recover the outstanding dues along with interest and charge over mortgaged properties.
Punjab National Bank
Smt. Trivenibai Batugir Gosavi
Mr. Sahadev Batugir Gosavi
Mr. Ankush Giridhar Patil
Dr. J. R. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
