Allowed

Maharastra Gramin Bank v. Smt. Suvarna Vishnu Satale

DRT8 Dec 2025OA/74/2024

Case brief

AI extract

What is this about?

The Tribunal allowed an original application filed by Maharashtra Gramin Bank for recovery of debts totaling Rs. 22,39,315 along with future interest from three respondents who failed to repay a sanctioned term loan despite default.

What did the court decide?

Defendants to pay Rs. 22,39,315 with future interest @ 9% p.a. simple; application secured by mortgaged properties; directed to issue Recovery Certificate.

Maharastra Gramin Bank versus Smt. Suvarna Vishnu… — Contract and Commercial Disputes | DRT (2025)

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Presented on: 11.08.2023 Registered on: 14.02.2024 Decided on: 08.12.2025 Duration: Y M D 02 03 27

¶2

IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 74/2024

¶3

TOTAL CLAIM AMOUNT – Rs. 22,39,315/Maharashtra Gramin Bank ,

¶4

A Scheduled Commercial Bank Constituted under Section 3 of the Regional Rural Bank Act, 1976 and also a Banking Company under Section 5 © of the Banking Regulation Act, 1949 (10 of 1949) having its Head Office at Plot no. 42 Gat No. 33, Golawadi, Growth Centre, Waluj Mahanagar-IV, CIDCO, Aurangabad and having its Branch at Gangapur, Tq. and Dist. Aurangabad, Through Branch Manager and Principal Officer Shri. Yogesh S/o. Pandurang Malunjkar.

… Applicant

Versus

(OA No 74/2024)

Page 1 of 9

[AMBADAS]

1. Smt. Suwarna w/o. Vishnu Satale, At Galnimb, Post: Agarwadgaon, Tq. Gangapur, Dist. Aurangabad 431 110. Address of Secured Property: At Agarwadgaon, Tq. Gangapur, Dist. Aurangabad 431 110.

¶11

2. Smt. Kamlabai w/o. Ashok Satale, At Galnimb, Post: Agarwadgaon, Tq. Gangapur, Dist. Aurangabad 431 110. Address of Secured Property: At Agarwadgaon, Tq. Gangapur, Dist. Aurangabad 431 110.

¶12

3. Shri. Harshwardhan S/o. Vishnu Satale At Galnimb, Post: Agarwadgaon, Tq. Gangapur, Dist. Aurangabad 431 110.

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…Defendants

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APPEARANCES

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For the Applicant Mr. J. R. Kalyankar -Advocate For Defendants Ex-parte

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JUDGMENT Delivered on 08.12.2025

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The Applicant Bank has filed the present application for the recovery of a sum of Rs. 22,39,315/- (Rupees Twenty Two Lacs, Thirty Nine Thousand, Three Hundred and Fifteen only), along with future interest from the date of filing of the Original Application,

(OA No 74/2024)

Page 2 of 9

[AMBADAS]

i.e., 11.08.2023, 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 the Defendant No. 1 had approached and requested the Applicant Bank for Term loan facility for Dairy Unit (Purchasing Cows and Construction of Shed). Upon considering the request and financial needs of the Defendant, the Applicant Bank Sanctioned Term loan Facility of Rs. 25,00,000/- vide sanction letter dated 08.02.2019 on certain terms and conditions. The agreed rate of interest for the aforesaid loan facility was @ 12.95% p.a. with yearly rests. The Defendants also agreed to pay additional interest by way of liquidated damages in the event of any default in repayment.

¶24

In order to secure the aforesaid loan facility, the Defendant executed various loan documents in favour of the Applicant Bank. These included sanction letter, composite agreement, request

(OA No 74/2024)

Page 3 of 9

[AMBADAS]

letter, Registered Mortgage deed dated 22.02.2019, and demand

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promissory note etc., Additionally defendant No. 2 & 3 stood as guarantors for defendant No. 1 and executed deed of guarantee

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dated 11.03.2019 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 created first charge over his immovable property under Registered Mortgage deed

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dated 22.02.2019 in favour of the Applicant Bank. The mortgage

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was created in respect of the following property-

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i) All that piece and parcel of land bearing Gut No. 171 & 172 admeasuring 1.04 & 1.75 Hectare, situated at Village Agarwadgaon, Tq. Gangapur, Dist. Aurangabad, which is bounded as under:-

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Gut No. 171

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North: Suvarna Vishnu Satale, East: Jaikwadi Project, West: Shiv Road, South: Namdeo Asaram Bhajne.

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Gut No. 172 North: Vijay Ramesh Gaikwad, East: Jaikwadi Project, West: Shiv Road, South: Suvarna Vishnu Satale.

(OA No 74/2024)

Page 4 of 9

[AMBADAS]

ii) All that piece and parcel of Grampanchayat House No. 12/1, admeasuring 1020 Sq. ft., situated at Galnimb, Tq. Gangapur, Dist. Aurangabad, which is bounded as under:North: Sanjay Pandurang Satale, East: Row, West: MSFC, South: Vishnu Ashok Satale.

¶42

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 30.01.2023. Therefore on 14.07.2023 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.

(OA No 74/2024)

Page 5 of 9

[AMBADAS]

The defendants failed to appear in matter though they were duly served. Hence, defendants were proceeded ex-parte as per Order dated 21.07.2025.

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The applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Shri. Yogesh S/o. Pandurang Malunjkar, Branch Head of the applicant Bank, and has produced on record the original loan transaction documents as Exh. A-1 to A-23 along with list of documents Exh.5 which corroborates the case of the applicant Bank.

¶48

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.

(OA No 74/2024)

Page 6 of 9

[AMBADAS]

The applicant Bank has claimed charge over immovable property of the borrower which is mortgaged in favour of the applicant bank.

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The applicant Bank has claimed future interest @ 12.95 % p.a. from the date of filing i.e. 11.08.2023 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. 74/2024 is allowed with costs.

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(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 22,39,315/- (Rupees Twenty Two Lacs, Thirty Nine Thousand, Three Hundred and Fifteen only), along with future interest @ 9% per annum (simple) from the date of filing of the O.A. i.e. 11.08.2023 till full payment/realization of the amount mentioned in this operative order.

(OA No 74/2024)

Page 7 of 9

[AMBADAS]

(C) The aforesaid adjudicated amount is secured by the mortgage of the following immovable property vide Registered Mortgage deed dated 22.02.2019 at Exh. A-8

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in list of documents Exh. 5.

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i) All that piece and parcel of land bearing Gut No. 171 & 172 admeasuring 1.04 & 1.75 Hectare, situated at Village Agarwadgaon, Tq. Gangapur, Dist. Aurangabad, which is bounded as under:-

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Gut No. 171 North: Suvarna Vishnu Satale, East: Jaikwadi Project, West: Shiv Road, South: Namdeo Asaram Bhajne. Gut No. 172 North: Vijay Ramesh Gaikwad, East: Jaikwadi Project, West: Shiv Road, South: Suvarna Vishnu Satale.

(OA No 74/2024)

Page 8 of 9

[AMBADAS]

(D) The applicant Bank is entitled to sell the mortgaged immovable properties and hypothecated articles/goods etc., 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:. 08.12.2025 Debts Recovery Tribunal, Aurangabad

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(OA No 74/2024)

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Page 9 of 9

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[AMBADAS]

Maharastra Gramin Bank v. Smt. Suvarna Vishnu Satale

Case brief

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Maharastra Gramin Bank v. Smt. Suvarna Vishnu Satale

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