Allowed

Union Bank of India v. Manisha Hiraman Bedse

DRT10 Oct 2025OA/733/2024

Case brief

AI extract

What is this about?

The bank filed an application for recovery of a term loan amount of Rs. 34,49,239/- along with future interest. The defendants failed to appear. The court allowed the application, directed payment of principal and future interest at 8% p.a., and secured the dues via the mortgaged property. A recovery certificate was issued.

What did the court decide?

Recovery of Rs. 34,49,239/- plus future interest at 8% p.a. secured by the sale of mortgaged property. Recovery Certificate issued.

Union Bank of India versus Manisha Hiraman Bedse — Contract and Commercial Disputes | DRT (2025)

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Presented on: 30.08.2024 Registered on: 11.09.2024 Decided on: 10.10.2025 Duration: Y M D 01 01 10

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 733/2024

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TOTAL CLAIM AMOUNT – Rs. 34,49,239/-

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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

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Undertakings) Act 1970, Having its Registered office at 239, Vidhan Bhavan Marg, Nariman Point, Mumbai-400021 & having branches amongst the other places at Nandurbar through its POA, Mr. Gautam Kumar Tripathi (Branch Manager), Age: 35 yrs., Occ.: Service, R/o. Nandurbar Dist. Nandurbar.

… Applicant

Versus

(OA No.733/2024)

Page 1 of 8

[AMBADAS]

1. Mrs. Mainsha Hiraman Bedse

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Age: Major, Occu.: Self Employed R/o.: Plot No. 39, Survey No. 43/1A Ishwarkrupa Nagar-1, Kokan Hill, Dudhale Shivar, Tq. & Dist. Nandurbar-425412.

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2. Mr. Subhash Magan Pimaple

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Age: Major, Occu.: Self Employed R/o.: Plot No. 39, Survey No. 43/1A Ishwarkrupa Nagar-1, Kokan Hill, Dudhale Shivar, Tq. & Dist. Nandurbar-425412.

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…Defendants

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3. Mrs. Surekha Laxman Patil,

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Age: Major, Occu.: Self Employed R/o.: Plot No. 39, Survey No. 43/1A Ishwarkrupa Nagar-1, Kokan Hill, Dudhale Shivar, Tq. & Dist. Nandurbar-425412.

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APPEARANCES

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

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JUDGMENT

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Delivered on 10.10.2025

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The Applicant Bank has filed the present application for the recovery of a sum of Rs. 34,49,239/- (Rupees Thirty Four Lacs, Forty Nine Thousand, Two Hundred and Thirty Nine only), along with

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future interest from the date of filing of the Original Application,

(OA No.733/2024)

Page 2 of 8

[AMBADAS]

i.e., 30.08.2024, 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 the Defendants No. 1 & 2 approached and requested the Applicant Bank for a Home loan facility. Upon considering the request and financial needs of the Defendants, the Applicant Bank sanctioned a Home loan facility in form of term loan of Rs. 32,00,000/- vide sanction letter dated 18.05.2022 on certain terms and conditions. The agreed rate of interest for the aforesaid loan was @8.05% p.a. with monthly rests. The Defendants 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 Defendants executed various loan documents in favour of the Applicant Bank. These included sanction letter, housing loan agreement,

(OA No.733/2024)

Page 3 of 8

[AMBADAS]

registered mortgage deed bearing daybook no. 2843 dated

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20.05.2022, letter of undertaking, demand promissory note, letter of continuity etc., in favour of the applicant bank. The defendant No. 3 stood as guarantor for defendant No. 1 & 2 and she executed Deed of guarantee dated 01.06.2022 in favour of the

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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. 2843 dated 20.05.2022, in favour of the Applicant Bank. The mortgage was

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created in respect of the following property-

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All that piece and parcel of Plot No. 39 A, admeasuring 105.00 sq.mtrs. in Survey No. 43/1/B, situated at Ishwarkrupa Nagar-1, Dudhale, Tq & Dist. Nandurbar-425412, which is bounded as under: East: Plot No. 39 B West: Plot No. 38 B South: 9 Mtrs. Road. North: Plot No. 34 B.

(OA No.733/2024)

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 30.08.2023. Therefore, on 11.07.2024 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 served through paper publication. Hence, the defendants were proceeded ex-parte as per Order dated 17.07.2025.

(OA No.733/2024)

Page 5 of 8

[AMBADAS]

The applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Gautam Kumar Tripathi, Branch Manager of the applicant Bank, and has produced on record the original loan transaction documents as Exh. A-1 to A-19 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 property of the borrowers which are mortgaged in favour of the applicant bank.

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The applicant Bank has claimed future interest @8.05% p. a. besides penal interest @ 2% p.a. on term loan from the date of

(OA No.733/2024)

Page 6 of 8

[AMBADAS]

filing i.e. 30.08.2024 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 @ 8% 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. 733/2024 is allowed with

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costs.

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(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 34,49,239/- (Rupees Thirty Four Lacs, Forty Nine Thousand, Two Hundred and Thirty Nine only), along with future interest @ 8% per annum (simple) from the date of filing of the Original Application i.e. 30.08.2024 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 mortgage of the following immovable property bearing daybook no. 2843 vide registered mortgage deed dated 20.05.2022 at Exh. A-12 in list of documents Exh. 5.

(OA No.733/2024)

Page 7 of 8

[AMBADAS]

All that piece and parcel of Plot No. 39 A, admeasuring 105.00 sq.mtrs. in Survey No. 43/1/B, situated at Ishwarkrupa Nagar-1, Dudhale, Tq & Dist. Nandurbar425412, which is bounded as under: East: Plot No. 39 B West: Plot No. 38 B South: 9 Mtrs. Road. North: Plot No. 34 B.

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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/Pronounced in open court. (Dr. J. R. Chauhan) Place: Aurangabad Presiding Officer Date:.10.10.2025 Debts Recovery Tribunal, Aurangabad

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(OA No.733/2024)

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Page 8 of 8

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[AMBADAS]

Union Bank of India v. Manisha Hiraman Bedse

Case brief

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Union Bank of India v. Manisha Hiraman Bedse

Case brief

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