Original Application filed by Union Bank of India for recovery of loan dues. The Tribunal passed an ex-parte order allowing the application against absent defendants, securing the claim via mortgage.
Defendants to pay Rs. 92,41,342.19 plus future interest at 9% p.a.; Recovery Certificate issued; Bank entitled to sell mortgaged property.
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: 31.07.2024 Decided on: 10.09.2025 Duration: Y M D 01 05 12
IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 568/2024
TOTAL CLAIM AMOUNT – Rs. 92,41,342.19/-
Union Bank of India,
A Body Corporate constituted under the Banking
companies (Acquisition and Transfer of Undertakings) Act 1970, Having its Registered office at 239, Vidhan Bhavan Marg, Nariman Point, Mumbai-400021 & having branches amongst the other places at Station Road, Aurangabad through it’s Authorized Person, Mr. Ankush Sheshrao Mahadawad (Manager), Age: 30 yrs., Occ.: Service,
R/o. Station Road, Aurangabad 431005.
… Applicant
(OA No.568/2024)
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[AMBADAS]
Versus
1. Mr. Ajay Bhagwanrao Chate Age: Major, Occu.: Business, R/o.: “Pushpa:, Plot No. 348, N-3, CIDCO, Mukundwadi, Aurangabad 431003
AND/OR
Mr. Ajay Bhagwanrao Chate Age: Major, Occu.: Business, R/o.: Chate Associate, Dashmesh Nagar, Near Mahadev Temple Aurangabad
2. Mr. Abhay Bhagwanrao Chate (deceased) Through his legal representative, Smt. Savita Abhay Chate Age: Major, Occu.: Business, R/o.: “Pushpa:, Plot No. 348, N-3, CIDCO, Mukundwadi, Aurangabad 431003
AND/OR
Mr. Abhay Bhagwanrao Chate (deceased) Through his legal representative, Smt. Savita Abhay Chate Age: Major, Occu.: Business, R/o.: Venkatesh Nagar, Koregaon Road, Parbhani, Tq. & Dist. Parbhani 431401
3. Mrs. Anuja Ajay Chate
Age: Major, Occu.: Business, R/o.: “Pushpa:, Plot No. 348, N-3, CIDCO, Mukundwadi, Aurangabad 431003
(OA No.568/2024)
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[AMBADAS]
4. Smt. Savita Abhay Chate Age: Major, Occu.: Business, R/o.: “Pushpa:, Plot No. 348, N-3, CIDCO, Mukundwadi, Aurangabad 431003
AND/OR
Smt. Savita Abhay Chate Age: Major, Occu.: Business, R/o.: Venkatesh Nagar, Koregaon Road, Parbhani, Tq. & Dist. Parbhani 431401 …Defendants
APPEARANCES For the Applicant Mr. K. D. Pande -Advocate For Defendants Ex-parte
JUDGMENT Delivered on 10.09.2025
of the entire outstanding dues from the Defendants.
(OA No.568/2024)
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[AMBADAS]
Brief facts of the application are as under:
(OA No.568/2024)
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[AMBADAS]
in favour of the applicant bank.
19.09.2016 in favour of the Applicant Bank. The mortgage was
created in respect of the following property-
All that piece and parcel of Plot No. 348 admeasuring 260 sq.mtrs. out of Survey No. 72 (part), Sector N-3, CIDCO, Mukundwadi, Aurangabad which is bounded as under:
East: Road, West: Plot No. 351, South: Plot No. 349, North: Plot No. 347.
(OA No.568/2024)
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[AMBADAS]
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 27.10.2023. Therefore, on 08.12.2023 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.
(OA No.568/2024)
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[AMBADAS]
(OA No.568/2024)
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[AMBADAS]
ORDER
(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 92,41,342.19/- ( Rupees Ninety Two Lacs, Forty One Thousand, Three Hundred Forty Two and Nineteen Paisa only), along with future interest @ 9% per annum (simple) from the date of filing of the Original Application i.e. 28.03.2024 till full payment/realization of the amount mentioned in this operative order.
(C) The aforesaid adjudicated amount is secured by the mortgage of the following immovable property bearing daybook no. 3666 vide registered lease deed dated 19.09.2016 at Exh. A-10, and as per documents Exh. A- 8 to A-9 and A-11 to A-12 in list of documents Exh. 5.
All that piece and parcel of Plot No. 348 admeasuring 260 sq.mtrs. out of Survey No. 72 (part), Sector N-3, CIDCO, Mukundwadi, Aurangabad which is bounded as under:
(OA No.568/2024)
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[AMBADAS]
East: Road, West: Plot No. 351, South: Plot No. 349, North: Plot No. 347.
(D) The applicant Bank is entitled to sell the mortgaged immovable property, 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/Pronounced in open court. (Dr. J. R. Chauhan) Place: Aurangabad Presiding Officer Date:.10.09.2025 Debts Recovery Tribunal, Aurangabad
(OA No.568/2024)
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[AMBADAS]
Union Bank of India
Mr. Ajay Bhagwanrao Chate
Mr. Abhay Bhagwanrao Chate
Mrs. Anuja Ajay Chate
Smt. Savita Abhay Chate
Dr. J. R. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
