Allowed

Union Bank of India v. Ananda Kisan Falke

DRT8 Sept 2025OA/589/2024

Case brief

AI extract

What is this about?

Original Application for recovery of loan dues filed by Union Bank of India against defaulting borrowers. The defendants appeared ex-parte. The Tribunal allowed the application, ordering payment of the principal amount plus future interest at a modified rate of 9% p.a., secured by mortgaged properties.

What did the court decide?

Defendants to pay Rs. 30,21,330.41 plus future interest at 9% p.a.; mortgaged properties to secure the amount; Recovery Certificate issued.

Union Bank of India versus Ananda Kisan Falke — Banking and Recovery | DRT (2025)

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Presented on: 26.04.2024 Registered on: 06.08.2024 Decided on: 08.09.2025 Duration: Y M D 01 04 12

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 589/2024

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TOTAL CLAIM AMOUNT – Rs. 30,21,330.41/-

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Union Bank of India,

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A Body Corporate constituted under the Banking

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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 Hingoli, Dist. Hingoli through its Authorized person, Mr. Ramesh s/o Balaji Rathore (Branch Manager), Age: 34 yrs., Occ.: Service, R/o. Hingoli

… Applicant

(OA No.589/2024)

Page 1 of 9

[AMBADAS]

Versus

1. Mr. Ananda Kisan Falke Age: Major, Occu.: Agriculture, R/o.: At Jaypurwadi, Post Bhandegaon, Tq. & Dist. Hingoli 431513.

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2. Mr. Rajendra Anandrao Falke Age: Major, Occu.: Agriculture, R/o.: At Post Maleslu, Tq. & Dist. Hingoli 431513.

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…Defendants

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APPEARANCES

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Mr. K. D. Pande -Advocate Ex-parte

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For the Applicant For Defendants

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JUDGMENT Delivered on 08.09.2025

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The Applicant Bank has filed the present application for the

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recovery of a sum of Rs. 30,21,330.41/- ( Rupees Thirty Lacs, Twenty One Thousand, Three Hundred Thirty and Forty One Paisa only), along with future interest from the date of filing of the Original Application, i.e., 26.04.2024, until the date of realization of the entire outstanding dues from the Defendants.

(OA No.589/2024)

Page 2 of 9

[AMBADAS]

Brief facts of the application are as under:

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The Applicant Bank states that the Defendants No. 1 approached and requested the Applicant Bank for a Agriculture Term loan facility. Upon considering the request and financial needs of the Defendant, the Applicant Bank sanctioned a Term loan facility of Rs. 5,00,000/- vide sanction letter on certain terms and conditions. The agreed rate of interest for the aforesaid loan was @12.25% p.a. with yearly rests. The Defendant 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 Defendant executed various loan documents in favour of the Applicant Bank. These included sanction letter, registered mortgage deed bearing daybook no. 1922 dated 29.05.2008 & hypothecation agreement. Additionally defendant No. 2 stood as guarantor for defendant No. 1 and executed deed of guarantee on 29.05.2008

(OA No.589/2024)

Page 3 of 9

[AMBADAS]

in favour of the Applicant Bank

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The Applicant Bank further contends that, in order to secure the aforesaid loan facility, the Defendant No. 1 & 2 created first charge over their immovable property under daybook no. 1922 dated 29.05.2008 in favour of the Applicant Bank. The mortgage

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was created in respect of the following properties

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All that piece and parcel of Agricultural land admeasuring 1H 02R out of Gut No. 68, situated at Village Jaypurwadi, Tq. & Dist. Hingoli, which is bounded as under:

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East: Land of Balubai Sonaji South: Land of Kisan Balaji West: Land of Vishwanath Bapji North: Land of Bhanudas Limbaji

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All that piece and parcel of Agricultural land admeasuring 1H 60R out of Gut No. 132, situated at Village Jaypurwadi, Tq. & Dist. Hingoli, which is bounded as under:

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East: Land of Jijabai Maroti South: Land of Parwatibai Gyandeo West: Land of Ramji Vithoba North: Land of Tulshiram Kisanrao.

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The applicant bank further states in order to secure the aforesaid loan facility, the defendant No. 1 & 2 also executed

(OA No.589/2024)

Page 4 of 9

[AMBADAS]

hypothecation agreement thereby hypothecating crops including standing crops grown on agricultural land.

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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 06.06.2022. Therefore, on 03.01.2024 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.

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The defendants failed to appear in matter though they were

(OA No.589/2024)

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[AMBADAS]

served through RPAD. Hence, the defendants were proceeded ex-parte as per Order dated 16.01.2025.

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The applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Ramesh s/o Balaji Rathore, Branch Manager of the applicant Bank, and has produced on record the original loan transaction documents as Exh. A-1 to A-17 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.

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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.

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

(OA No.589/2024)

Page 6 of 9

[AMBADAS]

The applicant Bank has claimed future interest @12.25 p. a. on term loan from the date of filing i.e. 26.04.2024 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. 589/2024 is allowed with

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costs.

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(B) The defendants shall jointly and severally pay to the applicant Bank a sum of Rs. 30,21,330.41/- ( Rupees Thirty Lacs, Twenty One Thousand, Three Hundred Thirty and Forty One Paisa only), along with future interest @ 9% per annum (simple) from the date of filing of the O.A. i.e. 26.04.2024 till full payment/realization of the amount mentioned in this operative order.

(OA No.589/2024)

Page 7 of 9

[AMBADAS]

bearing daybook no. 1922 vide registered mortgage deed dated 29.05.2008 at Exh A-5 in list of documents

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Exh. 5

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All that piece and parcel of Agricultural land admeasuring 1H 02R out of Gut No. 68, situated at Village Jaypurwadi, Tq. & Dist. Hingoli, which is bounded as under:

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East: Land of Balubai Sonaji South: Land of Kisan Balaji West: Land of Vishwanath Bapji North: Land of Bhanudas Limbaji

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All that piece and parcel of Agricultural land admeasuring 1H 60R out of Gut No. 132, situated at Village Jaypurwadi, Tq. & Dist. Hingoli, which is bounded as under:

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East: Land of Jijabai Maroti South: Land of Parwatibai Gyandeo West: Land of Ramji Vithoba North: Land of Tulshiram Kisanrao.

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

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(E) Issue Recovery Certificate accordingly.

(OA No.589/2024)

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[AMBADAS]

(F) The Registrar is directed to send the copy of the

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Judgment and Recovery Certificate to the applicant and defendants.

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(G) File be consigned to the record room.

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Sd/-

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Pronounced in open court. Place: Aurangabad Date:.08.09.2025

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(Dr. J. R. Chauhan) Presiding Officer Debts Recovery Tribunal, Aurangabad

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(OA No.589/2024)

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Page 9 of 9

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[AMBADAS]

Union Bank of India v. Ananda Kisan Falke

Case brief

What is this about?

What did the court decide?

Union Bank of India v. Ananda Kisan Falke

Case brief

What is this about?

What did the court decide?

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