Allowed

Uco Bank v. Hirabai Shinde

DRT26 Aug 2025OA/984/2022

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an application filed by UCO Bank for recovery of agricultural loans. The court directed respondents to pay principal amounts along with future interest at 9% p.a., secured by mortgaged land properties, and directed issuance of a recovery certificate.

What did the court decide?

Respondents directed to pay aggregate principal amounts with future interest @ 9% p.a. and mortgaged properties to be secured for recovery.

Uco Bank versus Hirabai Shinde — Contract and Commercial Disputes | DRT (2025)

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Presented on: 26.12.2019 Registered on: 23.08.2022 Decided on: 26.08.2025 Duration: Y M D 05 08 --

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IN THE DEBTS RECOVERY TRIBUNAL AT PUNE. (Before Shri Dilip G. Murumkar, Presiding Officer) ORIGINAL APPLICATION No.984/2022.

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UCO Bank ,

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A Corporate Body constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act 1970, having its Head Office at – 10, B.T.M. Sarani, Kolkata and branch amongst other places at Market Yard, Indapur Road, Baramati, Taluka Baramati, District Pune.

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… Applicant

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Versus

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1. Smt. Hirabai Shripati Shinde Age-Adult, Occ.:- Agriculture

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2. Smt. Devabai Ganpat Shinde Age-Adult, Occ.:- Agriculture

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3 . Mr. Ankush Kashinath Mhetre Age-Adult, Occ.:- Agriculture R/at -195, Panmala, Kazad, Taluka Indapur, Dist. Pune-413 104.

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4. Mr. Digambar Kisan Shinde Age-Adult, Occ.:- Agriculture R/at Akole, Taluka Indapur, District Pune-413 130 .

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5. Mr. Savta Ganpat Shinde Age-Adult, Occ.:- Agriculture

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6. Mr. Kundalik Ganpat Shinde Age-Adult, Occ.:- Agriculture Nos.1,2,5&6 R/at 453, Vayasevasti, Akole, Taluka Indapur, District-Pune-413 130.

… Defendants

(OA No.984/2022)

Page 1 of 8

[ANIL]

APPEARANCES

For the Applicant Mr. R. B. Ganbote - Advocate For the Defendants Ex-parte.

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TOTAL CLAIM AMOUNT –Rs.36,31,459/-.

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JUDGMENT

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(Delivered on 26^th August, 2025)

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Applicant Bank filed application for recovery of an aggregate sum

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of Rs.36,31,459/-	[i.e.Rs.9,77,572/-	towards	Term Loan	A/c
No.12670610003893;	Rs.8,41,764/-	towards	Term Loan	A/c
No.12670610003886;	Rs.2,57,533/-	towards	KCC Loan	A/c
No.12670510002469;	Rs.6,49,836/-	towards	Term Loan	A/c
No.12670610010525;	Rs.7,26,874/-	towards	Term Loan	A/c
No.12670610010679	and Rs.1,77,880/-	towards	Term Loan Ac	count
No.12670610010723]	together with fu	ture inter	est thereon @13	.20%
p.a. from Defendant	Nos.1,3 and 4 &	@14.20%	p.a. from Defen	dant
Nos.1,2,5 & 6 respec	tively with yearly	rests from	the date of fili	ng of
the application till re	payment/realizat	ion of ent	ire dues.

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2. Brief facts of the application are as under:

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Defendant Nos.1, 3 and 4 approached the Applicant Bank and requested for a Term Loan of Rs.6,25,000/- for Pomegranate plantation and another Term Loan of Rs.5,37,000/- for Well and Pipeline to Defendant No.1. Defendants No.3 & 4 offered them as Guarantor for Securing the said credit facilities.

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The Applicant Bank considered the request of Defendant Nos.1, 3 and 4 favorably and sanctioned them Term Loan of Rs.6,25,000/- for Pomegranate plantation and another Term Loan

(OA No.984/2022)

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[ANIL]

of Rs.5,37,000/- for Well and Pipeline on 30.07.2013, on certain terms and conditions.

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Defendant No.1, 3 and 4 have executed certain documents to secure the above said loan facilities in favour of the applicant bank as mentioned in Para No.5.5 of the Original Application.

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Defendant No.1 has executed Simple Mortgage deed on 01.08.2013 and mortgaged the property i.e. all that piece and parcel of Gat No.269(P) admeasuring 00 H 56 Aar Plus PK 00H 21 Aar assessed at Rs.0.14Ps. at village Akole, Taluka Indapur, within the limits of Registration District Baramati, Sub Registration District Baramati District Pune and registered at Sr.No.7265/2013.

¶33

Defendant Nos. 1, 3 & 4 again approached the Applicant Bank on 03.08.2013 and requested for a KCC of Rs.4,97,300/- for Crop Loan. Defendants No.3 and 4 again offered them as Guarantors for securing KCC to be availed by Defendant No.1 from the applicant bank.

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The Applicant Bank considered the request of Defendant Nos.1, 3 & 4 and sanctioned them KCC of Rs.2,66,000/- for Crop Loan on 11.12.2014 on certain terms and conditions.

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Defendant No.1, 3 and 4 have executed certain documents in favour of the applicant bank to secure the above said loan facilities as mentioned in Para No.5.13 of the Original Application.

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Defendant No.1 has executed E Karar (Declarative Mortgage) and charged the property in favour of the applicant bank to secure the Term Loan sanctioned to Defendant No.1 by the applicant bank

(OA No.984/2022)

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[ANIL]

i.e. all that piece and parcel of Gat No.269(P) admeasuring 00 H 56 Aar Plus PK 00H 21 Aar assessed at Rs.0.14Ps. at village Akole, Taluka Indapur, within the limits of Registration District Baramati, Sub Registration District Baramati District Pune, more particularly mentioned in Para No.5.15 of the Original Application.

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Thereafter, Defendant Nos.1, 2, 5 and 6 approached the Applicant Bank in February 2015 and requested for loan for Duster of Rs.1,37,000/-; for Tractor Rs.5,60,000/-; and for Blower Rs.6,15,000/- to defendant No.1 and 2. Defendant No.5 and 6 offered themselves as guarantors for securing the said credit facilities.

¶42

The Applicant Bank considered the request of Defendant Nos. 1, 2, 5 and 6 favourably and sanctioned loan to Defendant No.1 and 2 of Rs.4,76,000/- for purchase of Tractor; Rs.5,22,000/- for Low volume Sprayer and Rs.1,27,500/- for Duster, (Total aggregate amount of Rs.11,25,500/-) on 20.02.2015, on certain terms and conditions.

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Defendant Nos. 1, 2, 5 and 6 have executed certain documents to secure the above said loan facilities in favour of the applicant bank as mentioned in Para No.5.20 of the Original Application.

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Defendants No.1 and 2 have also executed and registered Simple Mortgage on 24.02.2015 in favour of the applicant bank of the properties i.e. -

(OA No.984/2022)

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[ANIL]

(A) - All that piece and parcel of land in the name of Defendant No.1. – Smt. Hirabai Shripati Shinde bearing Gat No.269(P) admeasuring 00H 56 Aar plus PK 00H 21 Aar assessed at Rs.0.14Ps at village Akole, Taluka Indapur, within the limits of Registration District Baramati, Sub Registration District Baramati, District Pune; AND

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(B) - All that piece and parcel of land in the name of Defendant No.2. –Smt. Devabai Ganpat Shinde bearing Gat No.269(P) admeasuring 01H 20Aar plus PK 00H 47Aar assessed at Rs.2.00Ps at village Akole, Taluka Indapur, within the limits of Registration District Baramati, Sub Registration District Baramati, District Pune, more particularly mentioned in Para No.5.22 (A) & (B) of the Original Application.

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It is contended that after execution of the security documents and after creation of Registered Mortgage in favour of the applicant bank, defendant No.1 availed all the loan facilities as per her agricultural requirement and exigencies from time to time and agreed to repay the loans as per sanction terms.

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But, in spite of several requests, defendants No.1 has not paid the installments in the Term Loan Accounts and interest in KCC Account and the amounts are outstanding in all the accounts with future uncharged interest and penal interests till date. Hence, all the accounts of defendants with the Applicant Bank turned Non Performing Assets as per the Reserve Bank of India norms.

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There are overdue in all the loan accounts and Defendant No.1 and 2 are not paying interest in KCC account and also not

(OA No.984/2022)

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[ANIL]

paying installments in five Term Loan accounts as agreed and committed breach of terms and conditions of the sanction. Therefore, the applicant bank has demanded payment by personal visits and telephonically. However, the defendants have given only false promises and have failed to regularize the account or close the account.

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Hence, this application is filed.

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Defendants failed to appear despite service of summons. Hence, the application proceeded ex-parte against them vide Order dated 26.03.2025 passed below the Application (Exhibit-01).

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The Applicant Bank has filed Claim Affidavit of evidence (Exhibit6) of Mr. Lokesh Kumar, Chief Manager, which supports the case of the applicant elucidated in the application.

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The Applicant Bank has produced in evidence the original loan documents at Exhs.-AW-1 to AW-31, which corroborate 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 evidence of the Applicant Bank. Therefore, the Applicant Bank is entitled for reliefs as claimed.

(OA No.984/2022)

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[ANIL]

The Applicant Bank has claimed relief in respect of hypothecated assets. However, there is no detailed description with respect to the hypothecated assets. Therefore, the relief in terms of hypothecated assets cannot be granted.

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The Applicant Bank has claimed future interest @13.20% & @14.20% p.a. respectively in the Accounts. Considering the facts of the present case, I am of the opinion that if future interest is granted @9% p.a. (simple) for all the loan facilities, it would be just and reasonable.

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Hence, I pass the following order: -

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ORDER

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(A) Original Application No.494/2022 is allowed with costs.

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(B) Defendant Nos.1, 3 & 4 either jointly or severally shall an aggregate amount of Rs.20,76,869/- (Rupees Twenty Lakhs Seventy Six Thousand Eight Hundred Sixty Nine only) to the Applicant Bank (i.e. Rs.9,77,572/towards Term Loan A/c No.12670610003893; Rs.8,41,764/towards Term Loan A/c No.12670610003886; Rs.2,57,533/towards KCC Loan A/c No.12670510002469) with future interest @ 9% p.a. from the date of filing of the Original Application i.e. 26.12.2019 till payment /realization of the amount mentioned in this operative order.

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Defendant Nos. 1, 2, 5 & 6 either jointly or severally shall pay Rs.15,54,590 /- (Rupees Fifteen Lakhs Fifty Four Thousand Five Hundred Ninety only) to the Applicant Bank (i.e. Rs.6,49,836/towards Term Loan A/c No.12670610010525; Rs.7,26,874/- towards Term Loan A/c No.12670610010679 and Rs.1,77,880/- towards Term Loan Account No.12670610010723 ) with future interest @ 9%

(OA No.984/2022)

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[ANIL]

p.a. from the date of filing of the Original Application i.e. 26.12.2019 till payment /realization of the amount mentioned in this operative order.

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(A) - All that piece and parcel of land (in the name of Defendant No.1. – Smt. Hirabai Shripati Shinde) bearing Gat No.269(P) admeasuring 00H 56 Aar plus PK 00H 21 Aar assessed at Rs.0.14Ps at village Akole, Taluka Indapur, within the limits of Registration District Baramati, Sub Registration District Baramati, District Pune;

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AND

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(B) - All that piece and parcel of land (in the name of Defendant No.2. – Smt. Devabai Ganpat Shinde) bearing Gat No.269(P) admeasuring 01H 20Aar plus PK 00H 47Aar assessed at Rs.2.00Ps at village Akole, Taluka Indapur, within the limits of Registration District Baramati, Sub Registration District Baramati, District Pune, more particularly mentioned in Para No.5.22 (A) & (B) of the Original Application.

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(D) The Applicant Bank is entitled to sell the mortgaged properties to recover its dues.

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(E) Issue Recovery Certificate.

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(F) The Registrar is directed to send the copy of Judgment and Recovery Certificate to the Applicant Bank and the defendants.

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Place: Pune Date: 26.08.2025

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Sd/(Dilip G. Murumkar) Presiding Officer, Debts Recovery Tribunal, Pune.

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(OA No.984/2022)

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[ANIL]

Uco Bank v. Hirabai Shinde

Case brief

What is this about?

What did the court decide?

Uco Bank v. Hirabai Shinde

Case brief

What is this about?

What did the court decide?

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