Allowed

Union Bank of India v. Reshma Patil

DRT28 Mar 2025OA/717/2022

Case brief

AI extract

What is this about?

In an application for recovery of dues, the Debts Recovery Tribunal allowed the applicant bank's claim against several defendants. The court noted the defendants' default and their failure to appear. It ordered payment of principal amounts plus future interest at a reduced rate of 9% per annum.

What did the court decide?

Defendants ordered to pay aggregate Rs.31,31,523 with future interest @9% p.a. (simple); mortgage properties secured; authorization to sell properties; recovery certificate issued.

Union Bank of India versus Reshma Patil — Contract and Commercial Disputes | DRT (2025)

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Presented on: 27.01.2022 Registered on: 05.08.2022 Decided on: 28.03.2025 Duration: Y M D 03 02 01

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IN THE DEBTS RECOVERY TRIBUNAL AT PUNE (Before Shri Dilip G. Murumkar, Presiding Officer) ORIGINAL APPLICATION No.717/2022.

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Union Bank of India

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A Body Corporate Constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act No.V of 1970 having its Head Office at –239, Vidhan Bhawan Marg, Nariman Point, Mumbai- 400 021, Maharashtra and having its branch office at – 70B, Shiv Parvati Complex, Shivaji Road, Miraj, Tal. Miraj, District Sangli 416410.

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… Applicant

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Versus

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1. Mrs. Reshma Subhash Patil

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2. Mr. Subhash Shivram Patil

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3. Mr. Ajit Dhanaji Patil

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4. Mr. Ajinkya Dhanaji Patil

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All R/at and Post Mhaishal, (M)- 416405, Taluka Kavathemahankal, District Sangli.

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5. Late Suryakant Keshav Patil

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Through his legal heirs –

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5-A- Mr. Prashant Suryakant Patil 5-B- Mr. Umesh Suryakant Patil 5-C- Smt. Bharati Suryakant Patil

(OA No.717/2022)

Page 1 of 8

[ANIL]

All R/at & Post Karoli, (T)-416405 Taluka Kavathemahankal, District Sangli.

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6. Mr. Ravaso Annaso Khilare

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R/at – Dongarkodi, At Post Malgaon-416407. Taluka Miraj, District Sangli. …Defendants

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APPEARANCES

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For the Applicant For the Defendants

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Advocate Mr. Balasaheb Jadhav Ex-parte

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TOTAL CLAIM AMOUNT –Rs.31,31,523/-.

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JUDGMENT

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(Delivered on 28^th March, 2025)

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The Applicant Bank has filed present application for recovery of a sum of Rs.31,31,523/- [ Rs.15,70,686/- towards Term Loan Account No.560931000072735 and Rs.15,60,837/- towards Cash Credit Limit Account No.560381000215892 ] with future interest @10.85% p.a. and @10.10% p.a. respectively with monthly rests from 10.01.2022 till repayment/realization of the entire dues from the respective defendants.

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Brief facts of the application are as under:

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The Applicant Bank states that Defendant Nos.1 to 4 are the borrowers and Defendant Nos.5 & 6 are the guarantors. Defendant Nos. 1 to 4 approached to the Applicant Bank and requested for Term Loan Facility and Cash Credit Facility, which were sanctioned by the Applicant, as under:-

(OA No.717/2022)

Page 2 of 8

[ANIL]

Sr. No.	Loan Facility	Sanction Amount	Sanction Date
1	Term Loan Facility for Working Capital for laying pipeline.	Rs.10,00,000/-	08.02.2017
2	Cash Credit limit for working capital as a CropLoan.	Rs.11,00,000/-	14.02.2017

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In order to secure the aforesaid Loan facilities, the defendants have executed loan and security documents as set out in Para Nos.5.7 and 5.10 of the Original Application, in favor of the Applicant Bank.

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Defendant Nos.1 to 4 have also executed simple Mortgage Deed and registered it in the office of Sub Registrar of Kavathemahankal at Sr. No.237/2017 in respect of the following properties –

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(i)- Property owned by Defendant No.1 –

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(a) All those piece and parcel of agricultural land area admeasuring H0-96 R out of Gat No.175 area admeasuring H03-95 R situated at Mhaishal (M), Tal. Kavathemahankal, District Sangli; more particularly described in Schedule-B of the Original Application.

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(b)- All those piece and parcel of agricultural land area admeasuring H0-40 R out of Gat No.176 area admeasuring H 00-98 R situated at Mhaishal (M), Tal. Kavathemahankal, District Sangli; more particularly described in Schedule-B of the Original Application.

(OA No.717/2022)

Page 3 of 8

[ANIL]

(ii)- Property owned by Defendant No.2 – All those piece and parcel of agricultural land southern side area admeasuring H 0-49 R out of Gat No.704 area admeasuring H 05-60 R+Pot Kharab H0-04 R situated at Hingangaon, Taluka Kavathemahankal, District Sangli; more particularly described in Schedule-B of the Original Application.

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(iii)- Property owned by Defendant Nos.3 and 4 :-

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(a)- All those piece and parcel of agricultural land Northern side area admeasuring H 0-49 R out of Gat No.704 area admeasuring H 05-60 R + Pot Kharab H 0-04 R situated at Hingangaon, Taluka Kavathemahankal, District Sangli; more particularly described in Schedule-B of the Original Application.

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(b)- All those piece and parcel of agricultural land area admeasuring H 1-09 R out of Gat No.177 area admeasuring H 03-28 R+Pot Kharab H 0-08 R situated at Mhaishal (M), Tal. Kavathemahankal, District Sangli; more particularly described in Schedule-B of the Original Application.

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The Applicant Bank contended that after availing the aforesaid loan facilities, Defendant Nos.1 to 6 adhere to the terms and conditions of the sanction and failed to pay the installments in the Term Loan account and cash credit limit and thereby committed breach of the sanction terms and hence, the said accounts of the Defendants with the Applicant Bank became Non-Performing Asset on 31.03.2021 as per the Reserve Bank of India norms. Thereafter,

(OA No.717/2022)

Page 4 of 8

[ANIL]

the Applicant Bank issued Notice dated 06.08.2021 to the Defendants calling upon them to pay the outstanding due loan amount together with interest, costs, charges and expenses, but failed to pay the due amount.

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Hence, this application is filed.

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Defendants failed to appear despite service of summons. Hence, the application proceeded ex-parte as per order dated 25.06.2024 passed below Application (Exhibit-1).

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The Applicant Bank has filed Claim Affidavit (Exhibit-6) of Mr. Raosaheb Santram Sarate, Authorized Signatory and produced on record the Loan Transaction documents at Exhibit Nos.AW-1 to AW-24, which corroborates 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 evidence of the Applicant Bank. Therefore, the Applicant Bank is entitled for the reliefs claimed.

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Applicant Bank has claimed future interest @10.85% p.a and @10.10% p.a. for Term Loan Account and Cash Credit Loan account. However, considering the facts of the case, I am of the opinion that if future interest is granted @9% per annum (simple) for both the loan facilities, it would be just and reasonable rate of interest.

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10 Hence, I pass the following order:-

(OA No.717/2022)

Page 5 of 8

[ANIL]

ORDER

(A) Original Application No.717/2022 is allowed with costs.

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(B) Defendant Nos.1 to 4, 5A to 5C and 6 either jointly or severally shall pay aggregate amount of Rs.31,31,523/- to the applicant bank as under –

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(C)

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(D)

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Out of total aggregating outstanding amount of Rs.31,31,523/-, Defendant Nos.1 to 4, 5A to 5C and 6 either jointly or severally shall pay Rs.15,70,686/- (Rupees Fifteen Lakhs Seventy Thousand Six Hundred Eighty Six only) towards Term Loan Account No. 560931000072735) with future interest @9%p.a. (Simple) from the date of filing of the Original Application i.e 27.01.2022 till payment/ realization of the amount mentioned in this operative order, to the Applicant Bank.

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Out of total aggregating outstanding amount of Rs.31,31,523/-, Defendant Nos.1, 5A to 5C and 6 either jointly or severally shall pay Rs.15,60,837/- (Rupees Fifteen Lakhs Sixty Thousand Eight Hundred Thirty Seven Only) towards Cash Credit Limit Account No. 560381000215892 with future interest @9%p.a. (Simple) from the date of filing of the Original Application i.e 27.01.2022 till payment/ realization of the amount mentioned in this operative order, to the Applicant Bank.

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(E) The aforesaid adjudicated amounts are secured by executing Registered Simple Mortgage Deed in the office of Sub Registrar of Kavathemahankal at Sr. No. 237/2017 dated 10.02.2017 by the Defendants of the following immovable properties i.e. –

(OA No.717/2022)

Page 6 of 8

[ANIL]

(i) - Property owned by Defendant No.1 –

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(a) All those piece and parcel of agricultural land area admeasuring H0-96 R out of Gat No.175 area admeasuring H 03-95 R situated at Mhaishal (M), Tal. Kavathemahankal, District Sangli; more particularly described in Schedule-B of the Original Application.

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(ii) - Property owned by Defendant No.2 – All those piece and parcel of agricultural land southern side area admeasuring H 0-49 R out of Gat No.704 area admeasuring H 05-60 R + Pot Kharab H 0-04 R situated at Hingangaon, Taluka Kavathemahankal, District Sangli; more particularly described in Schedule-B of the Original Application.

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(iii) - Property owned by Defendant Nos.3 & 4 :-

(OA No.717/2022)

Page 7 of 8

[ANIL]

(F) The Applicant Bank is entitled to sell the mortgaged properties to recover its dues.

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(G) Issue Recovery Certificate.

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(H) The Registrar is directed to send the copy of Judgment and Recovery Certificate to the Applicant Bank and the defendants.

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Sd/-

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Place : Pune (Dilip G. Murumkar) Date: 28.03.2025 Presiding Officer, Debts Recovery Tribunal, Pune.

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(OA No.717/2022)

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Page 8 of 8

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[ANIL]

Union Bank of India v. Reshma Patil

Case brief

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Union Bank of India v. Reshma Patil

Case brief

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