Application for recovery of banking dues allowed ex-parte due to non-appearance of defendants. Court decreed principal amount, future interest at 9%, security, and recovery certificate.
Debtors to pay Rs. 37,05,868.46 with future interest at 9% p.a.; mortgage and hypothecated assets to be used for recovery.
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: 29.08.2024 Registered on: 24.09.2024 Decided on: 10.09.2025 Duration: Y M D 11 00 11
IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 762/2024
TOTAL CLAIM AMOUNT – Rs. 37,05,868.46/-
Union Bank of India,
A Body Corporate constituted under the Banking
companies (Acquisition and Transfer of Undertakings) Act 1970, Having its Registered office at 239, Vidhan Bhavan Marg, Nariman Point, Mumbai-400021 & having branches amongst the other places at Main Branch, Dhule through its Authorized Person, Mr. Bhatusing Shamsing Thakur (Branch Head), Age: 40 yrs., Occ.: Service, R/o. Station Road, Dhule.
… Applicant
(OA No.762/2024)
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[AMBADAS]
Versus
1. Mr. Bhika Nimba Wani Age: Major, Occu.: Agriculture, R/o.: At Post Dhadre Tq. & Dist. Dhule, 424309
2. Mr. Bapu Budha Patil Age: Major, Occu.: Agriculture, R/o.: At Post Dhadre Tq. & Dist. Dhule, 424309
…Defendants
APPEARANCES
For the Applicant For Defendants
Mr. K. D. Pande -Advocate Ex-parte
JUDGMENT Delivered on 10.09.2025
(OA No.762/2024)
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[AMBADAS]
Brief facts of the application are as under:
(OA No.762/2024)
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[AMBADAS]
on 29.07.2015 in favour of the Applicant Bank.
17.06.2015 in favour of the Applicant Bank. The mortgage was
created in respect of the following property-
All that piece and parcel of Agricultural land admeasuring 03 H 60 R out of Gut No. 253, situated at Village dhadre, Tq. & Dist. Dhule., which is bounded as under:
East: Land of Harchand Waman Patil West: Land of Rawan Trambank Patil South: Land of Nimba Mukunda Mali North: Land of Devidas Budha Patil.
The applicant bank further states that in order to secure the aforesaid loan facility, the defendant No. 1 also executed hypothecation agreement thereby hypothecating crops including standing crops i.e. Pomegranate.
(OA No.762/2024)
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[AMBADAS]
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 30.09.2023. Therefore, on 24.07.2024 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.
(OA No.762/2024)
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[AMBADAS]
of the applicant Bank, and has produced on record the original loan transaction documents as Exh. A-1 to A-16 along with list of documents Exh.5 which corroborates the case of the applicant Bank.
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interest is granted @ 9% per annum (simple), 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. 37,05,868.46/- ( Rupees Thirty Seven Lacs, Five Thousand, Eight Hundred Sixty Eighty and Forty Eight Paisa only),along with future interest @ 9% per annum (simple) from the date of filing of the Original Application i.e. 29.08.2024 till full payment/realization of the amount mentioned in this operative order.
All that piece and parcel of Agricultural land admeasuring 03 H 60 R out of Gut No. 253, situated at
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[AMBADAS]
Village dhadre, Tq. & Dist. Dhule., which is bounded as under:
East: Land of Harchand Waman Patil West: Land of Rawan Trambank Patil South: Land of Nimba Mukunda Mali North: Land of Devidas Budha Patil.
(D) The applicant Bank is entitled to sell the mortgaged immovable property and hypothecated articles/goods
etc., to recover its dues.
(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. Place: Aurangabad Date:.10.09.2025
(Dr. J. R. Chauhan) Presiding Officer Debts Recovery Tribunal, Aurangabad
(OA No.762/2024)
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[AMBADAS]
Union Bank of India
Dr. J. R. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
