Allowed

Bank of Maharashtra v. Pragati Salvi

DRT6 Mar 2026OA/1164/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's application to recover dues from a borrower and guarantors. The court corrected the claimed principal amounts based on file records and directed the defendants to pay the corrected aggregate sum within two months along with a mortgage arrangement.

What did the court decide?

Ordered payment of Rs.54,67,389/- within two months; created mortgage on specified properties; directed issuance of recovery certificate.

Bank of Maharashtra versus Pragati Salvi — Contract and Commercial Disputes | DRT (2026)

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Presented on: 21.01.2022 Registered on: 21.12.2022 Decided on: 06.03.2026 Duration: Y M D

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04 01 15

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IN THE DEBTS RECOVERY TRIBUNAL AT PUNE

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(Before Shri Dilip G. Murumkar, Presiding Officer) ORIGINAL APPLICATION No.1164/2022.

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Bank of Maharashtra ,

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A Body Corporate constituted under the Banking Companies (Acquisitions & Transfer of Undertakings) Act 1970 having its Head Office at “Lokmangal” 1501, Shivajinagar, Pune-5 and Branch amongst other places at Pawas Branch, Desai Building, 494, Block No.2, Bazar Peth, Pawas, Taluka and District Ratnagiri-415 616.

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Versus

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1. Mst. Pragati Prakash Salvi

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… Applicant

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2 . Mr. Prakash Shankar Salvi

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3 . Mr. Mangesh Shankar Salvi All R/At & Post Golap, Taluka & District Ratnagiri-415 616.

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… Defendants

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APPEARANCES

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For the Applicant Mrs. Bhakti Rokde i/b Mr. Srinivas Y. - Advocate For the Defendants Ex-parte.

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TOTAL CLAIM AMOUNT – Rs.48,03,373/-.

(OA No.1164/2022)

Page 1 of 6

[ANIL]

JUDGMENT

(Delivered on 6^th March, 2026)

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1 The Applicant Bank has filed present application for recovery of sum of Rs.48,03,373/- [i.e.Rs.29,18,216/- towards Agricultural Term Loan Facility & Rs.18,85,157/- towards MKCC Loan] together with future interest thereon at the rate of @ --------% p.a. with monthly rests with monthly rests from the date of filing this application till actual realization of amount from Defendant Nos.1 to 3.

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2 Brief facts of the application are as under: -

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Defendant No.1 approached the applicant bank and requested for Maharashtra Kisan Credit Card Facility of Rs.30,00,000/-. Defendant Nos.2 and 3 offered themselves as Guarantors for securing the Loan availed by Defendant No.1.

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The applicant bank considered the request of defendant No.1 and thereby sanctioned MKCC Loan of Rs.30,00,000/- on 12.09.2013 to Defendant No.1 for cultivation and sell of Mangoes on certain terms and conditions.

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In order to secure the aforesaid Loan facilities, the defendants have executed certain loan documents on 12.09.2013 in favour of the Applicant Bank, as mentioned in Para Nos.5.3.3 of the Original Application.

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Defendant No.1 also executed declaration as required by Section 5(1) of the Maharashtra Provision of facilities for Agricultural Credit by Banks Act, 1974 and charged the properties i.e. –

(OA No.1164/2022)

Page 2 of 6

[ANIL]

(i)- All that piece and parcel of the property bearing Survey No.333/17 admeasuring area 02H 85R P.K. 00H 30R, total land 03H 15R lying and situated at village Gholap, Taluka and District Ratnagiri.

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(ii)- All that piece and parcel of the property bearing Survey No.334/15 admeasuring 00H 21R pot kharaba 00H 03R total land 00H24R lying and situated at village Gholap, Taluka and District Ratnagiri, more particularly mentioned in Para No.5.3.4 of the Original Application.

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3 Defendant No.1 again approached applicant bank for Mahabank Kisan Credit Card Facility to the tune of Rs.18,00,000/-. Defendant No.2 and 3 also stood as guarantors to Defendant No.1 for the said loan.

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The applicant bank considered the request of the defendant No.1 and thereby sanctioned MKCC Loan of Rs.18,00,000/- on 07.11.2015 to Defendant No.1 for cultivation and sell of Mangoes on certain terms and conditions.

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In order to secure the aforesaid Loan facilities, the defendants have executed certain loan documents on 07.11.2015 in favour of the Applicant Bank, as mentioned in Para Nos.5.4.3 of the Original Application.

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Defendants have executed Balance and Security Confirmation by letters dated 08.11.2015 and 03.11.2021 in favour of the applicant bank whereby confirmed and acknowledged in writing indebtness in sum of debit balance outstanding in Agricultural Term Loan account.

(OA No.1164/2022)

Page 3 of 6

[ANIL]

4 Applicant Bank contended that after availing Agricultural Term Loan Facility and Mahabank Kisan Credit Card Facility, the defendants failed and neglected to pay outstanding amount and comply with the terms and conditions in which the said facilities were granted to them. Defendant No.1 has failed to pay the installments in Term Loan account and also failed to pay interest in Mahabank Kisan Credit Card Facility and committed breach of the sanction terms and hence, account of Defendant No.1 with the applicant bank has become NPA on 01.04.2021, as per Reserve Bank of India norms.

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Therefore, the applicant bank issued Recall Notice dated 06.12.2021 to all the defendants. However, in spite of sending and receipt of the notices, the defendants failed to pay the amount of their credit facilities and ignored his responsibility to pay the dues.

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Hence, this application is filed.

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5 Defendant Nos.1 to 3 have failed to appear despite service of summons. Hence, the application proceeded ex-parte against them vide Order dated 22.07.2025 passed below the Application (Exh.-01).

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6 The Applicant Bank has filed Claim Affidavit of Mr. Kishor Kulkarni, Chief Manager & produced on record the Loan Transaction documents (Exh.06) at Exhibits.AW-1 to AW-25, which corroborates the case of the Applicant Bank.

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7 I have heard arguments of the learned Advocate for the Applicant Bank.

(OA No.1164/2022)

Page 4 of 6

[ANIL]

8 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.

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9 In particulars of claim, total of Agricultural Term Loan shows Rs.29,28,216/- & in relief sought it shows Rs.29,18,216/-, while both figures are not correct and the correct total is Rs.28,91,216/-, as per particulars of claim.

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So also, total of Mahabank Kisan Credit Card shows Rs.18,85,157/-, while it is also not correct and the correct total is Rs.25,76,173/-, as per particulars of claim.

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Thus, total amount due (A)+(B) ( Rs.28,91,216/- + Rs.25,76,173/- ) comes to Rs.54,67,389/- instead Rs.48,03,373/-.

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The Applicant Bank has not asked for any relief with regard to interest on the amounts of Agricultural Term Loan and Mahabank Kisan Credit Card Facility, which is ridiculous. The law laid down in the case of Standard Chartered Bank Vs. Dharminder Bhohi and Ors. Reported in (2013) 15 SCC 341 is very clear that this Tribunal does not have inherent powers like Hon’ble Supreme Court and Hon’ble High Court to grant the prayers or relief beyond the scope of the application. Therefore, as the applicant bank has not prayed or claimed for interest on both the claim amounts, it cannot be granted. Hence, I pass the following order: -

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ORDER

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(A) Original Application No.1164/2022 is allowed with costs.

(OA No.1164/2022)

Page 5 of 6

[ANIL]

(B)

Defendant Nos. 1 to 3 either jointly or severally shall pay an aggregate sum of Rs.54,67,389/- (Rupees Fifty-Four Lakhs Sixty-Seven Thousand Three Hundred Eighty-Nine only) to the applicant bank towards Agricultural Term Loan Account and Mahabank Kisan Credit Facility, within two months from the date of this order.

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(C) The aforesaid adjudicated amount is secured by creating Mortgage regarding immovable properties i.e. (i)- All that piece and parcel of the property bearing Survey No.333/17 admeasuring area 02H 85R P.K. 00H 30R, total land 03H 15R lying and situated at village Gholap, Taluka and District Ratnagiri;

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(D) The Applicant Bank is entitled to sell the mortgaged immovable 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: 06.03.2026

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

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