Debt Recovery Tribunal allowed State Bank of India's original application for recovery of Rs. 20,04,009 with future interest and secured the decree against mortgaged property in Aurangabad due to default on housing loans.
Decree for Rs. 20,04,009 with interest at 8% p.a. simple; security from mortgaged property; direction to issue Recovery Certificate.
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: 07.08.2024 Registered on: 17.08.2024 Decided on: 27.11.2025 Duration: Y M D 01 03 20
IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 651/2024
TOTAL CLAIM AMOUNT – Rs. 20,04,009/-
State Bank of India,
A body corporate constituted under the State Bank of India (SARB), Act, 1955 having SME Branch at Tuljapur, through its Manager, Mr. Nitin Narayan Kamble (CCO), SARB, Aurangabad, Age: 43 yrs., Occ.: Service, R/o. Aurangabad.
… Applicant
Versus
1. Vijaykumar Radhesham Badar, Age: Major, Occ.: Agril, Main Road Mangalwar Peth, Basmathnagar Dist. Hingoli 431512.
2. Radhesham Bhavarlal Badar, Age: Major, Occ.: Agril, Main Road Mangalwar Peth, Basmathnagar Dist. Hingoli 431512.
…Defendants.
APPEARANCES
For the Applicant Mr. A. L. Muley -Advocate For Defendants Ex-parte
(OA No.651/2024)
Page 1 of 7
[AMBADAS]
JUDGMENT
Delivered on 27.11.2025
recovery of a sum of Rs. 20,04,009/- (Rupees Twenty Lacs, Four Thousand, Nine only), along with further interest from the date of filing of the Original Application, i.e., 07.08.2024, until the date of realization of the entire outstanding dues from the Defendants.
Brief facts of the application are as under:
(OA No.651/2024)
Page 2 of 7
[AMBADAS]
agreed to pay additional interest @2% by way of liquidated
damages in the event of any default in repayment.
All that piece and parcel of property no. M.H. No. Old C/85, New C/115, total area 600 sq. ft. Mondha road near saraswati mandir, Basmat, Dist. Hingoli, which is bounded as under:
East: Shop of Rajivkumar Vijaykumar Chokada, West: Shop of Bharat Yallusa Pawar & Govt. Road, South: Shop of Rajivkumar Vijaykumar Chokada North: House of Rashid and Shikur Maniyar.
(OA No.651/2024)
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[AMBADAS]
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 24.09.2020. Therefore, on 20.07.2024 the applicant bank issued legal Notice to the defendants. The defendants failed and neglected to repay the outstanding dues of the applicant Bank. Hence, this application is filed.
(OA No.651/2024)
Page 4 of 7
[AMBADAS]
(OA No.651/2024)
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[AMBADAS]
considering the facts of the case, I am of the opinion that if future interest is granted @ 8% per annum (simple) on outstanding
amount, it would be just and reasonable rate of interest.
ORDER
(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 20,04,009/- (Rupees Twenty Lacs, Four Thousand, Nine only), along with future interest @ 8% per annum (simple) from the date of filing of the O.A. i.e. 07.08.2024 till full payment/realization of the amount mentioned in this operative order.
All that piece and parcel of property no. M.H. No. Old C/85, New C/115, total area 600 sq. ft. Mondha road
(OA No.651/2024)
Page 6 of 7
[AMBADAS]
near saraswati mandir, Basmath, dist. Hingoli, which is bounded as under:
East: Shop of Rajivkumar Vijaykumar Chokada, West: Shop of Bharat Yallusa Pawar & Govt. Road, South: Shop of Rajivkumar Vijaykumar Chokada North: House of Rashid and Shikur Maniyar.
(D) The applicant Bank is entitled to sell the mortgaged immovable property and hypothecated articles/goods etc., 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:.27.11.2025 Debts Recovery Tribunal, Aurangabad
(OA No.651/2024)
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[AMBADAS]
State Bank of India
Vijaykumar Radhesham Badar
Radhesham Bhavarlal Badar
Dr. J. R. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
