Debts Recovery Tribunal allowed applicant Bank of Maharashtra to recover Rs. 30,44,130/- plus 9% simple interest from defaulting borrowers and guarantors, securing charge over mortgaged agricultural land in Osmanabad.
Defendants to pay Rs. 30,44,130/- plus future interest at 9% p.a. simple; charge created on mortgaged property; recovery certificate issued.
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: 28.11.2024 Registered on: 30.11.2024 Decided on: 01.08.2025 Duration: Y M D 00 08 02
IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Shri Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No.899/2024
TOTAL CLAIM AMOUNT – Rs. 30,44,130/-
Bank of Maharashtra
A Body Corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act V of 1970, Having its Head Office at 1501 Lokmangal, Shivaji Nagar, Pune and branch amongst other places at Tamalwadi Branch, Taluka Tuljapur, District Osmanabad Through its Branch Manager Mr. Bojja Krishna s/o Subbulu Branch, Tamalwadi Branch Taluka Tuljapur, District Osmanabad Maharashtra- 413623
… Applicant
(OA No.899/2024)
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[AMBADAS]
Versus
…Defendants
APPEARANCES For the Applicant Mr. P. N. Kapadia - Advocate For Defendants Ex-parte
J U D G M E N T Delivered on 01.08.2025
(OA No.899/2024)
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further interest from the date of filing of the Original Application, i.e., 28.11.2024, until the date of realization of the entire outstanding dues from the Defendants.
Brief facts of the application are as under:
(OA No.899/2024)
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hypothecation, a demand promissory note, and deed of
declaration bearing no. 193/2019 on 29.03.2019. Additionally, defendant nos. 3 & 4 stood as guarantors for defendant nos. 1 & 2 and thereby executed a deed of guarantee dated 17.06.2019 in favour of the applicant bank.
following property –
1H 46R of defendant No. 1
East: Arun Rama Jadhav West: Navnath Dilip Jadhav North: Gokul Nivrutti Narwade South: Road
(OA No.899/2024)
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1H 32R of defendant No. 2 East: Haridas Manik Jagtap West: Namdeo Gokul Narwade North: Eknath Jadhav South: Road
(OA No.899/2024)
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filed.
(OA No.899/2024)
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properties of the borrowers which are mortgaged in favour of the applicant bank.
ORDER
(B) The defendants jointly and severally shall pay to the applicant Bank a sum of Rs. 30,44,130/- (Rupees Thirty Lacs Fourty Four Thousand One Hundred and Thirty only), along with future interest @ 9 % per annum (simple) from the date of filing of the Original Application i.e. 28.11.2024 till full payment / realization of the amount mentioned in this operative
(OA No.899/2024)
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order.
the list of documents at Exh 5
Details of Poperties
1H 46R of defendant No. 1 East: Arun Rama Jadhav West: Navnath Dilip Jadhav North: Gokul Nivrutti Narwade South: Road
1H 32R of defendant No. 2 East: Haridas Manik Jagtap West: Namdeo Gokul Narwade North: Eknath Jadhav South: Road
(D) The applicant Bank is entitled to sell the mortgaged immovable properties and hypothecated articles/goods, to recover its dues.
(OA No.899/2024)
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Pronounced in open court. Place : Aurangabad Date : . 01.08.2025
(Dr. J. R. Chauhan) Presiding Officer Debts Recovery Tribunal, Aurangabad
(OA No.899/2024)
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2 issues framed by the court
Whether the applicant bank entitled to recover loan dues and secure charge against mortgaged property.
Whether the rate of future interest granted is just and reasonable.
1 provisions across 1 enactments
Bank of Maharashtra
Yashwant Balbhim Londhe
Shahaji Balbhim Londhe
Ratan Devidas Mahamane
Sujata Gaurishankar Mahamane
Dr. J. R. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
