Allowed

State Bank of India v. Dinaram Babulal Chouhan

DRT22 Dec 2025OA/60/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal permitted an application filed by State Bank of India against borrowers for failure to repay a home loan. The court awarded the principal sum and fixed future interest at 9% per annum, securing the decree against the mortgaged flat.

What did the court decide?

The defendants shall pay a sum of Rs. 26,12,652 with future interest @ 9% p.a., and the bank is entitled to sell the mortgaged property to recover the dues.

State Bank of India versus Dinaram Babulal Chouhan — Contract and Commercial Disputes | DRT (2025)

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Presented on: 28.03.2023 Registered on: 12.02.2024 Decided on: 22.12.2025 Duration: Y M D 02 08 24

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 60/2024

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TOTAL CLAIM AMOUNT – Rs. 26,12,652/-

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State Bank of India

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A body Corporate constituted under the provisions of the State Bank of India Act, 1955 (23 of 1955) having it’s one of Local Head office at Synergy, Bandra-Kurla Complex, Bandra (E), Mumbai, & Branches amongst the other places at RACPC, Aurangabad & having Stressed Assets Recovery Branch (SARB) at Plot No. 79, N-5, CIDCO Aurangabad-431003, through its City Case Officer & Mr. Sunil Dutt S/o. Jagdish Chander, Age: 51, Occ.: Service, R/o. CIDCO, Aurangabad.

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… Applicant

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Versus

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1. Mr. Dinaram Babulal Chouhan, Age: Major, Occ.: Business, R/o.: Flat No.8, Shanti Apartment, Kuwarfalli, Aurangabad 431001.

AND/OR

(OA No.60/2024)

Page 1 of 8

[AMBADAS]

Mr. Dinaram Babulal Chouhan, Age: Major, Occ.: Business, R/o.: Shop No. 01, Choudhary Complex, Pandariba, Aurangabad 431001. AND/OR Mr. Dinaram Babulal Chouhan, Age: Major, Occ.: Business, R/o.: Flat No. B-204, 2^nd Floor, B-Wing, “Om Paradise”, Gut No. 104, Village Satara, Tq. and Aurangabad 431001. 2. Mrs. Sangitadevi Dinaram Chouhan, Age: Major, Occ.: Business, R/o.: Flat No.8, Shanti Apartment, Kuwarfalli, Aurangabad 431001. AND/OR Mrs. Sangitadevi Dinaram Chouhan, Age: Major, Occ.: Business, R/o.: Shop No. 01, Choudhary Complex, Pandariba, Aurangabad 431001. AND/OR Mrs. Sangitadevi Dinaram Chouhan, Age: Major, Occ.: Business, R/o.: Flat No. B-204, 2^nd Floor, B-Wing, “Om Paradise”, Gut No. 104, Village Satara, Tq. and Aurangabad 431001.

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…Defendants

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APPEARANCES For the Applicant Mr. K. D. Pande Advocate For Defendantss Ex-parte

(OA No.60/2024)

Page 2 of 8

[AMBADAS]

JUDGMENT

Delivered on 22.12.2025

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The Applicant Bank has filed the present application for the

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recovery of a sum of Rs. 26,12,652/- (Rupees Twenty Six Lacs, Twelve Thousand, Six Hundred and Fifty Two only), along with further interest from the date of filing of the Original Application, i.e., 28.03.2023, until the date of realization of the entire outstanding dues from the Defendants.

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Brief facts of the application are as under:

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The applicant bank states that Defendants No. 1 & 2 had approached the Applicant Bank requesting sanction of Home Loan facility. After due consideration, the Bank sanctioned Home Loan facility of ₹28,40,000/- & Home Loan Insurance Cover of Rs. 43,000/- vide Arrangement Letter dated 04.03.2020, subject to certain terms and conditions. The agreed rate of interest for the said facility was @ 8.20% per annum with monthly rests. Additionally, the Defendants agreed to pay further interest at the

(OA No.60/2024)

Page 3 of 8

[AMBADAS]

rate of 2% per annum by way of liquidated damages in the event

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of default in repayment.

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In order to secure the aforesaid loan facility, the Defendants executed various loan documents in favour of the Applicant Bank, including the arrangement letter, housing loan agreement, title deed bearing filing no. 789 dated 08.06.2020, sale deed bearing 1081 dated 15.02.2020 etc., in favor of the Applicant Bank.

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The Applicant Bank further contends that, in order to secure the aforesaid loan facilities sanctioned to him, the Defendants created first charge over their immovable property by executing sale deed bearing 1081 dated 15.02.2020, in favour of the Applicant Bank.

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The mortgage was created in respect of the following property –

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All that piece & parcel of Flat No. B-204, admeasuring 61.96 sq. mtrs. on 2^nd Floor, B-Wing in “Om Paradise”, Gut No. 104/Part situated at Village Satara, Tq. and Dist. Aurangabad, , which is bounded as under:

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East: - Flat No. A-201, West: - Staircase & Flat No. B-201 South: - Open to Sky, North: - Flat No. B-203.

(OA No.60/2024)

Page 4 of 8

[AMBADAS]

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 09.01.2022. Therefore, on 27.02.2023 the applicant bank issued legal notice to the defendants through his 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 served through paper publication. Hence, the defendants were proceeded ex-parte as per Order dated 04.09.2025.

(OA No.60/2024)

Page 5 of 8

[AMBADAS]

The applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Mr. Sunil Dutt s/o Jagdish Chander, Authorized Officer of the applicant Bank, and has produced on record the original loan transaction documents as Exh. A-1 to A-22 as per 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 property of the borrowers which is mortgaged in favour of the applicant bank.

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The applicant Bank has claimed future interest @ 9.30% p.a. from the date of filing i.e. 28.03.2023 of this application till realization

(OA No.60/2024)

Page 6 of 8

[AMBADAS]

of the claim amount. However, considering the facts of the case, I am of the opinion that if future interest is granted @ 9% per

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annum (simple), it would be just and reasonable rate of interest.

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ORDER

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(A) Original Application No. 60/2024 is allowed with costs.

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(B) The defendants shall pay jointly and severally to the applicant Bank a sum of 26,12,652/- (Rupees Twenty Six Lacs, Twelve Thousand, Six Hundred and Fifty Two only), along with future interest @ 9% per annum (simple), from the date of filing of the O.A. i.e. 27.03.2023 till full payment/realization of the amount mentioned in this operative order.

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(C) The aforesaid adjudicated amount is secured by the mortgaged of the following immovable property vide documents at Exh. A-8 to A-10 in list of documents Exh. 5.

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All that piece & parcel of Flat No. B-204, admeasuring 61.96 sq. mtrs. on 2^nd Floor, B-Wing in “Om Paradise”,

(OA No.60/2024)

Page 7 of 8

[AMBADAS]

Gut No. 104/Part situated at Village Satara, Tq. and Dist. Aurangabad, , which is bounded as under: East: - Flat No. A-201, West: - Staircase & Flat No. B-201 South: - Open to Sky, North: - Flat No. B-203.

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(D) The applicant Bank is entitled to sell the mortgaged immovable property, to recover its dues.

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(E) Issue Recovery Certificate accordingly.

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(F) The Registrar is directed to send the copy of the 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:.22.12.2025

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

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(OA No.60/2024)

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Page 8 of 8

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[AMBADAS]

State Bank of India v. Dinaram Babulal Chouhan

Case brief

What is this about?

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State Bank of India v. Dinaram Babulal Chouhan

Case brief

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