Allowed

Bank of Maharashtra v. Mr. Abdul Siraj S/O Abdul Guffar

DRT11 Mar 2026OA/12/2023

Case brief

AI extract

What is this about?

This is an application under Section 19 of the RDB Act, 1993 filed by a bank for recovery of dues from two defendants. The defendants appeared ex parte, and the tribunal allowed the application admitting the bank's evidence as sufficient to establish the claim.

What did the court decide?

Defendants ordered to pay Rs. 56,48,804 plus future interest at 7.40% p.a. jointly and severally, with a direction to issue a Recovery Certificate.

Bank of Maharashtra versus Mr. Abdul Siraj S/O Abdul Guffar — Banking and Recovery | DRT (2026)

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Page 1 of 3 O.A. No. 12/2023

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PRESENTED ON : 25.06.2022 REGISTERED ON : 11.01.2023

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Exh. No. 13

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BEFORE THE PO, DEBTS RECOVERY TRIBUNAL, NAGPUR Delivered by Pankaj Kumar

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O.A. No. 12/2023

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Bank of Maharashtra

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: Applicant

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A banking company constituted of under the banking companies (Acquisition and transfer of Undertaking) Act V of 1970, Having its head Office at 1501, Shivajinagar, Lokmangal, Pune 411005 and having branches all over India and abroad including one at Sitabuldi Branch Nagpur 440012, Phone No. 0712 2545008, 2545009 [email protected] IFSC CODE MAHB0000005 acting through its one of the Principal Officer i.e. Chief Manager Mr. Arvind Mishra, who is having authority to sign and file the present O.A. and also act and represent the Bank.

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Versus

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1. Mr. Abdul Siraj S/o Abdul Gaffar,

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: Defendants

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Age about: major years, Occu: Busines PAN NO. AHCPA4418M R/o C/o Sayyad Baba

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Darga, Vanjari Nagar, Ajni Nagpur - 440003

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2. Mrs. Kavita Abdul Siraj Khan,

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About Major, Occu. Business R/o. C/o Sayyad

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Baba Darga, Vanjari Nagar, Ajni Nagpur – 440003

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Learned Counsel for Applicant	Adv. Ashwini Sakhare
Defendants Set Exparte On	04.08.2025

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JUDGMENT

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(Delivered on 11^TH Day of March, 2026)

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Page 2 of 3 O.A. No. 12/2023

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This is an application filed by the applicant U/s 19 of RDB Act, 1993 against defendants for recovery of aggregate amount of Rs. 56,48,804/- outstanding in Term Loan Account No.60240143662 with costs and future interest @7.40% p.a. with monthly rests from the date of filing of O.A. till the date of realization .

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Though, defendants were duly served with the suit summons vide Exh. 9 & 10, they failed to cause appearance before this Tribunal to defend their case despite granting several adjournments. Hence , the proceeding against defendants was set exparte on 04.08.2025.

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The applicant has filed its Claim Affidavit (Exh. 11) alongwith List of Documents (Exh. 12), annexing therewith 12 documents. The original documents therein are marked as Exh. AW-1/1 to AW-1/11. The applicant has stated in the O.A. as well as in claim affidavit that no penal interest has been charged in the Loan Account.

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Heard Learned counsel for the applicant.

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As stated supra, defendants remained exparte. The Evidence Affidavit coupled with the recitals in the documents viz. Exh. AW -1/1 to AW-1/11 marked on behalf of the applicant, clinches the claim of the applicant against defendants. There is no reason to disbelieve the evidence adduced on behalf of applicant. Hence, defendants are liable to pay, jointly and severally, the claim of the applicant with costs and future interest.

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Hence, it is ordered as under:-

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ORDER

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A] O.A. No. 12/2023 is allowed to the extent as under with costs.

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Page 3 of 3 O.A. No. 12/2023

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B] Defendants to pay jointly and severally to the applicant bank an amount of Rs. 56,48,804/- (Rupees Fifty Six Lakh Forty Eight Thousand Eight Hundred Four Only) outstanding in Term Loan Account No.60240143662 with simple future interest @7.40% p.a. from the date of filing of O.A. till its realization.

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C] It is declared that outstanding dues are secured by mortgaged immovable properties of defendant no. 1 as described in Schedule-I in O.A and as referred in Exh. AW-1/8 & Exh. AW-1/9.

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D] Issue Recovery Certificate accordingly.

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E] The Registrar is directed to send the copy of Judgment and Recovery Certificate to the parties to this O.A at once.

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Nagpur (Pankaj Kumar) Presiding Officer Date: 11.03.2026 Debts Recovery Tribunal Nagpur

Bank of Maharashtra v. Mr. Abdul Siraj S/O Abdul Guffar

Case brief

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Bank of Maharashtra v. Mr. Abdul Siraj S/O Abdul Guffar

Case brief

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