Allowed

State Bank of India v. Vijay Gopalrao Patekar

DRT27 Nov 2025OA/764/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed a recovery application filed by State Bank of India against four defendants for loan dues of Rs. 36.55 lakhs. The defendants were unrepresented, so the matter was decided ex parte based on unrebutted bank evidence. The court fixed future interest at 9% p.a. and enforced the security over the mortgaged flat.

What did the court decide?

Recovery of Rs. 36,55,170/- with future interest at 9% p.a.; power to sell mortgaged property; issuance of Recovery Certificate.

State Bank of India versus Vijay Gopalrao Patekar — Contract and Commercial Disputes | DRT (2025)

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Presented on: 04.09.2024 Registered on: 24.09.2024 Decided on: 27.11.2025 Duration: Y M D 01 02 23

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 764/2024

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TOTAL CLAIM AMOUNT – Rs. 36,55,170/-

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State Bank of India

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A Body Corporate constituted under the provisions of the State Bank of India Act, 1955 (23 of 1955) having it’s one of Local Head office at Synergy, Bandra-Kurla Complex, Bandra (E), Mumbai, & Branches amongst the other places at RACPC, Aurangabad & having Stressed Assets Recovery Branch (SARB) at Plot No. 79, N-5, CIDCO Aurangabad-431003 through its Authorized Officer, Mr. Nanasaheb s/o Bhimaji Kolpe (Manager & CCO), Age: 46 years, Occu.: Service, R/o. CIDCO, Aurangabad.

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… Applicant

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Versus

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1. Mr. Vijay Gopalrao Patekar, Age: Major, Occ.: Business, R/o.: At Anandi Swami Galli, Near Shani Mandir, Old Jalna, Jalna 431203. AND/OR Mr. Vijay Gopalrao Patekar, Age: Major, Occ.: Business,

(OA No.764/2024)

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[AMBADAS]

R/o.: At Plot No. 16, CTS No. 7339/B-16, Survey No. 405/A, Income Tax Colony, Off Station Road, Jalna 431203.

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2. Mr. Vishnu Vijay Patekar, Age: Major, Occ.: Business, R/o.: At Anandi Swami Galli, Near Shani Mandir, Old Jalna, Jalna 431203. AND/OR Mr. Vishnu Vijay Patekar, Age: Major, Occ.: Business, R/o.: At Plot No. 16, CTS No. 7339/B-16, Survey No. 405/A, Income Tax Colony, Off Station Road, Jalna 431203.

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3. Smt. Asha Vijay Patekar, Age: Major, Occ.: Business, R/o.: At Anandi Swami Galli, Near Shani Mandir, Old Jalna, Jalna 431203. AND/OR Smt. Asha Vijay Patekar, Age: Major, Occ.: Business, R/o.: At Plot No. 16, CTS No. 7339/B-16, Survey No. 405/A, Income Tax Colony, Off Station Road, Jalna 431203.

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4. Mrs. Sonal Vishnu Patekar,

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Age: Major, Occ.: Business, R/o.: At Anandi Swami Galli, Near Shani Mandir, Old Jalna, Jalna 431203. AND/OR

(OA No.764/2024)

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[AMBADAS]

Mrs. Sonal Vishnu Patekar, Age: Major, Occ.: Business, R/o.: At Plot No. 16, CTS No. 7339/B-16, Survey No. 405/A, Income Tax Colony, Off Station Road, Jalna 431203.

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…Defendants

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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 27.11.2025

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The Applicant Bank has filed the present application for the recovery of a sum of Rs. 36,55,170/- (Rupees Thirty Six Lacs, Fifty Five Thousand, One Hundred and Seventy only), along with further interest from the date of filing of the Original Application, i.e., 04.09.2024, 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 Defendant 1 to 3 had approached and requested the Applicant Bank for Home loan facility and Surkasha Loan. Upon considering the request and

(OA No.764/2024)

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[AMBADAS]

financial needs of the Defendants, the Applicant Bank sanctioned

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Home loan facility of Rs. 28,00,000/- & Funding of Home Loan Insurance (Surkasha Loan) of Rs. 50,000/- vide Arrangement letter dated 21.01.2020 on certain terms and conditions. The agreed rate of interest for aforesaid loan facilities was @ 8.35% per annum with monthly rests. The Defendants also agreed to pay additional interest 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 arrangement letter, housing loan agreement, registered sale deed bearing daybook no. 3045 dated 22.07.2013, etc., Additionally defendant No. 4 stood as guarantor for defendant No. 1 to 3 and executed deed of guarantee dated 21.01.2020 in favor of the applicant bank.

(OA No.764/2024)

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[AMBADAS]

The Applicant Bank further contends that, in order to secure the aforesaid loan facility, the defendants created first charge over immovable property by executing registered sale deed bearing

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daybook no. 3045 dated 22.07.2013. The mortgage was created in respect of the following property :

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All that piece and parcel of Flat No. A-4 admeasuring 74.81 sq. ft. on First Floor in Om Sai Apartment, CTS No. 11387/124, Survey No. 485, Prayag Nagar, Jalna, Dist. Jalna, which is bounded as under:

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East: Side Margin and thereafter plot no. 4, 5 & 6, West: Side Margin and thereafter plot no. 1, South: Flat No. A-06, North: Side Margin & thereafter road.

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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

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amount and called upon the defendants to pay with the agreed

(OA No.764/2024)

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[AMBADAS]

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 31.03.2024. Therefore, on 25.07.2024 the applicant bank issued legal Notice to the defendants. 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 exparte as per Order dated 25.04.2025.

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The applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Mr. Nanasaheb s/o Bhimaji Kolpe, Manager of the applicant Bank, and has produced on record the original loan transaction documents as Exh. A-1 to A-13 along with list of documentsExh.5 which corroborates the case of the applicant Bank.

(OA No.764/2024)

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[AMBADAS]

I have heard arguments of the learned Advocate for the applicant Bank.

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Since the defendants failed to appear and to file the written statement and did not 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 is mortgaged in favour of the applicant bank.

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The applicant Bank has claimed future interest @9.30% p.a. on aforesaid loans from the date of filing i.e. 04.09.2024 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 @9% per annum (simple), it would be just and reasonable rate of interest.

(OA No.764/2024)

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[AMBADAS]

ORDER

(A) Original Application No. 764/2024 is allowed with costs.

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(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 36,55,170/- (Rupees Thirty Six Lacs, Fifty Five Thousand, One Hundred and Seventy only), with future interest @ 9% per annum (simple), from the date of filing of the Original Application i.e. 04.09.2024 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. Vide documents Exh. A-4 and Exh. A-7 in the list of documents Exh. 5.

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All that piece and parcel of Flat No. A-4 admeasuring 74.81 sq. ft. on First Floor in Om Sai Apartment, CTS No. 11387/124, Survey No. 485, Prayag Nagar, Jalna, Dist. Jalna, which is bounded as under: East: Side Margin and thereafter plot no. 4, 5 & 6, West: Side Margin and thereafter plot no. 1, South: Flat No. A-06,

(OA No.764/2024)

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[AMBADAS]

North: Side Margin & thereafter road.

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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:.27.11.2025 Debts Recovery Tribunal, Aurangabad

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(OA No.764/2024)

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[AMBADAS]

State Bank of India v. Vijay Gopalrao Patekar

Case brief

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State Bank of India v. Vijay Gopalrao Patekar

Case brief

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