Allowed

Union Bank of India v. Anandsing Thansing Rajput

DRT7 Oct 2025OA/801/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's application for recovery of a defaulted term loan of Rs. 20.03 lakhs plus future interest at 9% p.a. The court ordered joint and several liability for the defendants and created a charge over four mortgaged agricultural lands.

What did the court decide?

Directing defendants to pay Rs. 20,03,934.57 with future interest at 9% per annum and creating a charge on mortgaged properties.

Union Bank of India versus Anandsing Thansing Rajput — Company and Corporate | DRT (2025)

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Presented on: 07.09.2024 Registered on: 08.10.2024 Decided on: 07.10.2025 Duration: Y M D 01 01 00

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 801/2024

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Union Bank of India,

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TOTAL CLAIM AMOUNT – Rs. 20,03,934.57/-

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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

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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

Versus

(OA No.801/2024)

Page 1 of 10

[AMBADAS]

1.Mr. Anandsing Thansing Rajput, Age: Major, Occu.: Agri. R/o.: At Post Nane, Tq. And Dist. Dhule, 424001.

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2. Mr. Pradip Anandsing Rajput,

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Age: Major, Occu.: Agri. R/o.: At Post Nane, Tq. And Dist. Dhule, 424001.

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3. Mr. Sandip Anandsing Rajput, Age: Major, Occu.: Agri. R/o.: At Post Nane, Tq. And Dist. Dhule, 424001.

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4. Smt. Sumanbai Gulab Rajput,

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Age: Major, Occu.: Agri. R/o.: At Post Nane, Tq. And Dist. Dhule, 424001.

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5. Mr. Deva Shivram Sonawne, Age: Major, Occu.: Agri. R/o.: At 120 Setane, Tq. And Dist. Dhule, 424001.

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6. Mr. Anandsing Thansing Rajput, Age: Major, Occu.: Agri. R/o.: At 69 Nane, Tq. And Dist. Dhule, 424001.

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…Defendants

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

(OA No.801/2024)

Page 2 of 10

[AMBADAS]

JUDGMENT

Delivered on 07.10.2025

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The Applicant Bank has filed the present application for the

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recovery of a sum of Rs. 20,03,934.57/- (Rupees Twenty Lacs, Three Thousand, Nine Hundred Thirty Four and Fifty Seven Paisa only), along with future interest from the date of filing of the Original Application, i.e., 07.09.2024, until the date of realization of the

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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 to 4 approached and requested the Applicant Bank for a Term loan facility. Upon considering the request and financial needs of the Defendants, the Applicant Bank sanctioned a Term loan facility of

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Rs. 4,80,000/- vide sanction letter dated 21.09.2010 on certain terms and conditions. The agreed rate of interest for the aforesaid loan was @11.25% p.a. with half yearly rests. The Defendants also

(OA No.801/2024)

Page 3 of 10

[AMBADAS]

agreed to pay additional interest @2% by way of liquidated

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damages in the event of any default in repayment.

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In order to secure the aforesaid loan facility, the Defendant executed various loan documents in favour of the Applicant Bank. These included sanction letter, registered mortgage deed bearing daybook no. 4612 dated 13.08.2010, letter of undertaking, demand promissory note, letter of continuity & hypothecation agreement. Additionally defendant No. 5 & 6 stood as guarantors

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for defendant No. 1 to 4 and executed deed of guarantee on 21.09.2010 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 to 4 created first charge over their immovable property under daybook no. 4612 dated 13.08.2010 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 Agricultural land admeasuring 02 H out of Gut No. 56/3, situated at Village Nane, Tq. & Dist. Dhule., which is bounded as under.

(OA No.801/2024)

Page 4 of 10

[AMBADAS]

East: Land of Balu Rajput, West: Land of Daresing Rajput South: Land of Kalyansing Rajput North: Land of Sureshsing Rajput.

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ii) All that piece and parcel of Agricultural land admeasuring 01 H out of Gut No. 56/4, situated at Village Nane, Tq. & Dist. Dhule., which is bounded as under East: Land of Balu Rajput, West: River, South: Land of Kalyansing Rajput North: Land of Sureshsing Rajput.

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iii) All that piece and parcel of Agricultural land admeasuring 01 H 07 R + 01 Hector 63 R = 02 Hector 70 R out of Gut No. 56/4 E, situated at Village Nane, Tq. & Dist. Dhule., which is bounded as under East: Road, West: Land of Daresing Rajput South: Land of Kalyansing Rajput North: Land of Sureshsing Rajput.

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iv) All that piece and parcel of Agricultural land admeasuring 01 H out of Gut No. 56/4, situated at Village Nane, Tq. & Dist. Dhule., which is bounded as under East: Land of Balu Rajput, West: Land of Anandsing Rajput South: Land of Pradip Rajput North: Land of Sureshsing Rajput.

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The applicant bank further states that in order to secure the aforesaid loan facility, the defendant No. 1 to 4 also executed

(OA No.801/2024)

Page 5 of 10

[AMBADAS]

hypothecation agreement thereby hypothecating crops, herds, flocks, fish catch, silk worms and cocoons etc.

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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 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 31.03.2023. Therefore, on 29.08.2024 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.801/2024)

Page 6 of 10

[AMBADAS]

The defendants failed to appear in matter though they were duly served. Hence, the defendants were proceeded ex-parte as per Order dated 23.07.2025.

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The applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Bhatusingh s/o. Shamsing Thakur, Branch Manager of the applicant Bank, and has produced on record the original loan transaction documents as Exh. A-1 to A-14 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.

(OA No.801/2024)

Page 7 of 10

[AMBADAS]

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 @11.25% p. a. from the date of filing i.e. 07.09.2024 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.

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ORDER

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(A) Original Application No. 801/2024 is allowed with costs.

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(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 20,03,934.57/- (Rupees Twenty Lacs, Three Thousand, Nine Hundred Thirty Four and Fifty Seven Paisa only), along with future interest @ 9% per annum (simple) from the date of filing of the O.A. i.e. 07.09.2024 till full payment/realization of the amount mentioned in this operative order.

(OA No.801/2024)

Page 8 of 10

[AMBADAS]

(C) The aforesaid adjudicated amount is secured by the mortgage of the following immovable properties bearing daybook no. 4612 vide registered simple mortgage deed dated 13.08.2010 at Exh. A-8 in list of documents Exh. 5.

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i) All that piece and parcel of Agricultural land admeasuring 02 H out of Gut No. 56/3, situated at Village Nane, Tq. & Dist. Dhule., which is bounded as under

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East: Land of Balu Rajput, West: Land of Daresing Rajput South: Land of Kalyansing Rajput North: Land of Sureshsing Rajput.

(OA No.801/2024)

Page 9 of 10

[AMBADAS]

iv) All that piece and parcel of Agricultural land admeasuring 01 H out of Gut No. 56/4, situated at Village Nane, Tq. & Dist. Dhule., which is bounded as under

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East: Land of Balu Rajput, West: Land of Anandsing Rajput South: Land of Pradip Rajput North: Land of Sureshsing Rajput.

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(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/-

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Pronounced in open court. Place: Aurangabad Date:.07.10.2025

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

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(OA No.801/2024)

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Page 10 of 10

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[AMBADAS]

Union Bank of India v. Anandsing Thansing Rajput

Case brief

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Union Bank of India v. Anandsing Thansing Rajput

Case brief

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