Allowed

Union Bank of India v. Kavita Shashikant Patel

DRT10 Sept 2025OA/763/2024

Case brief

AI extract

What is this about?

In this Original Application, Union Bank of India sought recovery of a home loan defaulting sum from the respondents. The respondents did not appear. The Tribunal allowed the application, directed payment of the principal and adjusted future interest, and secured the decretal amount via the mortgaged properties.

What did the court decide?

The respondents to pay Rs. 45,21,193.89 along with future interest @ 7% per annum from 30.08.2024 till realization; the amount is secured by the mortgaged property and a Recovery Certificate is issued

Union Bank of India versus Kavita Shashikant Patel — Specific Performance | DRT (2025)

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Presented on: 30.08.2024 Registered on: 24.09.2024 Decided on: 10.09.2025 Duration: Y M D 01 00 10

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 763/2024

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TOTAL CLAIM AMOUNT – Rs. 45,21,193.89/-

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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 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.763/2024)

Page 1 of 8

[AMBADAS]

1. Mrs. Kavita Shashikant Patel Age: Major, Occu.: Self Employed R/o.: Plot No. 67B, 67A, out of Survey No. 474/1 474/2, Bijasani Colony, At Post Prakasha Tq. Shahada Dis.t Nandurbar-425442.

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2. Mr. Shashikant Dagdu Patel Age: Major, Occu.: Self Employed R/o.: Plot No. 67B, 67A, out of Survey No. 474/1 474/2, Bijasani Colony, At Post Prakasha Tq. Shahada Dis.t Nandurbar-425442.

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…Defendants

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APPEARANCES

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Mr. K. D. Pande -Advocate Ex-parte

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For the Applicant For Defendants

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JUDGMENT

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Delivered on 10.09.2025

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The Applicant Bank has filed the present application for the recovery of a sum of Rs. 45,21,193.89/- ( Rupees Forty Five Lacs, Twenty One Thousand, One Hundred Ninety Three and Eighty Nine Paisa only), along with future interest from the date of filing of the Original Application, 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:

(OA No.763/2024)

Page 2 of 8

[AMBADAS]

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. 45,00,000/- vide sanction letter dated 18.05.2022 on certain terms and conditions. The agreed rate of interest for the aforesaid loan was @7.10% 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, registered mortgage deed bearing daybook no. 89 dated 06.01.2022, letter of undertaking, demand promissory note, letter of continuity etc., in favour of the applicant bank.

(OA No.763/2024)

Page 3 of 8

[AMBADAS]

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. 89 dated 06.01.2022, in favour of the Applicant Bank. The mortgage was created in respect of the following properties-

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i) All that piece and parcel of Plot No. 67-B, admeasuring 120 sq.mtrs. in Survey No. 474/1/2, situated at Bijasani Nagar, Prakasha Tq. Shahada Dist. Nandurbar, which is bounded as under:

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East: Plot No. 67 A West: Plot No. 68 A South: Gut No. 475/1 North: 9 Mtr. Road.

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ii) All that piece and parcel of Plot No. 68-A, admeasuring 120 sq.mtrs. in Survey No. 474/1/2, situated at Bijasani Nagar, Prakasha Tq. Shahada Dist. Nandurbar, which is bounded as under:

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East: Plot No. 67 B West: Plot No. 68 A South: Gut No. 475/1 North: 9 Mtr. Road.

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The applicant bank contended that the defendants have failed to

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keep their promise and commitments agreed by them with regard to due repayment of the loan amount. The defendants

(OA No.763/2024)

Page 4 of 8

[AMBADAS]

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 28.01.2024. 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 RPAD. Hence, the defendants were proceeded ex-parte as per Order dated 28.01.2025.

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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

(OA No.763/2024)

Page 5 of 8

[AMBADAS]

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 properties of the borrowers which are mortgaged in favour of the applicant bank.

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The applicant Bank has claimed future interest @7.10 p. a. on term loan from the date of 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 @ 7 % per annum (simple), it would be just

(OA No.763/2024)

Page 6 of 8

[AMBADAS]

and reasonable rate of interest.

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ORDER

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(A) Original Application No. 763/2024 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. 45,21,193.89/- ( Rupees Forty Five Lacs, Twenty One Thousand, One Hundred Ninety Three and Eighty Nine Paisa only), along with future interest @ 7% 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 properties bearing daybook no. 89 vide registered mortgage deed dated 06.01.2022 at Exh. A-12 in list of documents Exh. 5.

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i) All that piece and parcel of Plot No. 67-B, admeasuring 120 sq.mtrs. in Survey No. 474/1/2,

(OA No.763/2024)

Page 7 of 8

[AMBADAS]

situated at Bijasani Nagar, Prakasha Tq. Shahada Dist. Nandurbar, which is bounded as under: East: Plot No. 67 A West: Plot No. 68 A South: Gut No. 475/1 North: 9 Mtr. Road.

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ii) All that piece and parcel of Plot No. 68-A, admeasuring 120 sq.mtrs. in Survey No. 474/1/2, situated at Bijasani Nagar, Prakasha Tq. Shahada Dist. Nandurbar, which is bounded as under: East: Plot No. 67 B West: Plot No. 68 B South: Gut No. 475/1 North: 9 Mtr. Road.

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(D) The applicant Bank is entitled to sell the mortgaged immovable properties, 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)

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(G) File be consigned to the record room.

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Sd/-

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Pronounced in open court. Place: Aurangabad Date:.10.09.2025

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(Dr. J. R. Chauhan) Presiding Officer Debts Recovery Tribunal, Aurangabad

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(OA No.763/2024)

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Page 8 of 8

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[AMBADAS]

Union Bank of India v. Kavita Shashikant Patel

Case brief

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Union Bank of India v. Kavita Shashikant Patel

Case brief

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