Allowed

State Bank of India v. Prerana Hawale

DRT11 Mar 2026OA/1105/2022

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an original application filed by State Bank of India for recovery of Rs.25,59,947/- and future interest against two borrowers who defaulted on a housing loan, granting the bank a recovery certificate and power to sell the mortgaged property.

What did the court decide?

Defendants jointly or severally to pay Rs.25,59,947/- with future interest; bank entitled to sale of mortgaged property; Recovery Certificate issued.

State Bank of India versus Prerana Hawale — Specific Performance | DRT (2026)

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Presented on: 05.08.2022 Registered on: 12.12.2022 Decided on: 11.03.2026 Duration: Y M D 03 07 06

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IN THE DEBTS RECOVERY TRIBUNAL AT PUNE (Before Shri Dilip G. Murumkar, Presiding Officer) ORIGINAL APPLICATION No.1105/2022.

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State Bank of India ,

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A Banking Company constituted under the State Bank of India Act, 1955, having its Corporate Office at State Bank Bhavan, Nariman Point, Madam Cama Road, Mumbai400021 and its Branch at Stressed Assets Recovery Branch, Second floor, Wardhman Building, 7 Loves Chowk, Plot No.321/A/3, Mahatma Phule Peth, Pune-411 042.

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… Applicant

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Versus

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1. Mrs. Prerana Sajan Hawale Age 34 years, Occ.:-Service,

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2. Mr. Sajan Ramesh Hawale Age 37 years, Occ.:-Service, Both R/at- 445/B, Karnik Nagar, Near Walchand College, Solapur- 413 006.

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… Defendants

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APPEARANCES

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For the Applicant Mrs. Aarti M. Ahuja - Advocate For the Defendants Ex-parte.

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TOTAL CLAIM AMOUNT –Rs.25,59,947/-.

(OA No.1105/2022)

Page 1 of 5

[ANIL]

JUDGMENT

(Delivered on 11^th March, 2026)

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Applicant Bank filed the present application for recovery of Rs.25,59,947/- together with future interest @8.10% p. a. under the said Housing Loan A/c No.34620486139 with charges and damages thereon from plus penal interest from 05.08.2022 till repayment /realization of the entire dues from the defendants.

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Brief facts of the application are as under:

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Defendant No.1 and 2 approached to the Applicant Bank, Market Yard Branch, Solapur, on 10.01.2015 and requested for grant of housing loan.

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Applicant Bank considered the request of Defendant No.1 and 2 & sanctioned Home Loan of Rs.25,65,000/- to Defendant No.1 and 2, on 30.01.2015 on certain terms and conditions.

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Further, the defendants have executed necessary loan transaction and security documents in favour of the Applicant Bank as set out in Para No.5.6 the Original Application.

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Defendant No.1 to secure the above said loan facility, created security by way of Registered Mortgage duly registered in the office of Sub Registrar Solapur North-2 at Sr. No.685/2015 dated 30.01.2015 in favour of the Applicant Bank in respect of the property i.e. All that piece and parcel of property bearing Flat No.A-705, 7^th Floor, Mangal Regency, admeasuring about 51.70 sq. mtrs.

(OA No.1105/2022)

Page 2 of 5

[ANIL]

constructed on Survey No.305/3B/1 (Old) Survey No.132/3B/1/1 (New) at village Majrewadi, District Solapur and within the local limits of Solapur Municipal, more particularly described in Para No.5.7 of the Original Application.

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Defendants after availing aforesaid Housing Loan failed to regularize the loan facility in spite of repeated requests and demands by the Applicant Bank, therefore, the account of Defendant was continuously irregular and hence, the account was classified as NPA as per Reserve Bank of India norms.

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Thereafter, Applicant Bank recalled the loan facility by issuing Loan Recall Notice dated 16.07.2022 through Advocate Mrs. Aarti M. Ahuja and thereby demanded outstanding loan amount together with future interest. Despite service of Notice, the defendants failed and neglected to comply with the demand in the said Notice.

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Hence, this Application .

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The defendants failed to appear despite service of summons. Hence, the application proceeded ex-parte against the defendants as per order dated 04.09.2025 passed below Application (Exh-1).

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The Applicant Bank has filed Claim Affidavit (Exhibit-08) of Mrs. Padmaja Pol, Chief Manager, of the Applicant Bank which supports the case of the applicant elucidated in the application whereas the defendants failed to lead the evidence.

(OA No.1105/2022)

Page 3 of 5

[ANIL]

The Applicant Bank has produced in evidence the list of documents and filed original documents of loan and security documents at Sr.Nos.AW-1/1 to AW-1/13 in support of its case.

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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, Applicant Bank is entitled for reliefs as claimed.

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Applicant Bank has claimed future interest @8.10% p.a. for the Housing Loan availed. Having regard to the facts of the case, I am of the opinion that future interest claimed is just and proper rate of interest.

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Hence, I pass the following order:-

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ORDER

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(A) Original Application No.1105/2022 is allowed with costs.

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(B) Defendants No.1 & 2 either jointly or severally shall pay to the Applicant Bank sum of Rs.25,59,947 /- (Rupees Twenty-Five Lakhs Fifty-Nine Thousand Nine Hundred Fourty Seven only) with future interest @8.10% p.a. from the date of filing of the Original Application i.e. 05.08.2022 till payment/realization of the amount mentioned in this operative order.

(OA No.1105/2022)

Page 4 of 5

[ANIL]

(C) The aforesaid adjudicated amount is secured by the valid and subsisting mortgage of immovable property i.e. all that piece and parcel of property bearing Flat No.A-705, 7^th Floor, Mangal Regency, admeasuring about 51.70 sq. mtrs. constructed on Survey No.305/3B/1 (Old) Survey No.132/3B/1/1 (New) at village Majrewadi, District Solapur and within the local limits of Solapur Municipal, more particularly described in Para No.5.7 of the Original Application.

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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.

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

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Sd/- Place : Pune (Dilip G. Murumkar) Date: 11.03.2026 Presiding Officer, Debts Recovery Tribunal, Pune.

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(OA No.1105/2022)

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Page 5 of 5

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[ANIL]

State Bank of India v. Prerana Hawale

Case brief

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State Bank of India v. Prerana Hawale

Case brief

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