Allowed

Union Bank of India v. Kisan

DRT27 Jul 2026OA/1267/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's application filed for recovery of a defaulted term loan of Rs. 27.61 lakh. The court ordered repayment with modified future interest at 9% per annum and directed sale of mortgaged lands for dues.

What did the court decide?

Payment of Rs. 27,61,873/- along with future interest @9% p.a. from 16.09.2023, security for mortgaged land, and issuance of Recovery Certificate.

Union Bank of India versus Kisan — Contract and Commercial Disputes | DRT (2026)

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Presented on .. 16.09.2023 Registered on .. 05.10.2023 Decided on .. 27.07.2026 Duration .. Y—M—D 02--10--11

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IN THE DEBTS RECOVERY TRIBUNAL AT PUNE (Before Shri Dilip G. Murumkar, Presiding Officer) ORIGINAL APPLICATION No. 1267/2023.

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Union Bank of India,

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A body corporate constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act, 1980, having its head office at 239, Vidhan Bhavan Marg, Nariman Point, Mumbai – 400 021 and having one of its branch at – Chikhalthan, at House No. 150, Taluka Karmala, District Solapur 413202.

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… Applicant

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Versus

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1 Mr. Kisan Abaji Dhere, Age Adult, Occ. Agri. & Business, R/at : A/P Anjandoha, Taluka Karamala, District Solapur 413 202.

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2 Mrs. Hirabai Kisan Dhere, Age Adult, Occ. Agri. & Business, R/at : A/P Anjandoha, Taluka Karamala, District Solapur 413 202.

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3 Mr. Chandrakant Shivaji Borade, Age Adult, Occ. Agri. & Business, R/at : A/P Kedgaon, Taluka

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Sanap ( OA No. 1267/2023 ) 1 of 5

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Karamala, District Solapur 413 202.

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4 Mr. Ganesh Gorakh Gutal, Age Adult, Occ. Agri. & Business, R/at : A/P Kedgaon, Taluka Karamala, District Solapur 413 202. … Defendants

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Appearances :- For Applicant Advocate Srinivas Y. For Defendants Ex parte.

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Total Claim Amount – Rs.27,61,873/-

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JUDGMENT

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(Delivered on 27^th July, 2026)

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The Applicant Bank has filed the present application for recovery of the sum of Rs.27,61,873/- together with future interest @11.30% per annum from the date of Application till realization of the entire dues from the defendants.

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Brief facts of the application are as under :-

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As per the loan application of defendant Nos.1 and 2, the applicant Bank sanctioned and disbursed the Term loan facility of Rs.20,00,000/- to defendant Nos.1 and 2 for laying of new pipe line and electric motor with installation of drip system vide Sanction Letter dated 15.03.2012. Defendant Nos.3 and 4 stood guarantors for the repayment of loan availed by defendant Nos. 1 and 2.

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In order to secure the aforesaid loan facility, the defendants have executed necessary loan and security

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Sanap ( OA No. 1267/2023 ) 2 of 5

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documents in favour of the applicant Bank. Defendant Nos.1 and 2 have also executed declaration as required by Section 5(1) of the Maharashtra Provision of Facilities for Agricultural Credit by Banks Act, 1974 and created charge of the applicant Bank on the land i.e. all that piece and parcel of the (i) Gat No./Sr.No. 167 Hissa No. 4 admeasuring about 4H 15R; (ii) Gat No./Sr.No. 24 Hissa No. 4 admeasuring about 1R and (iii) Gat No./Sr.No. 168 Hissa No.1A admeasuring about 2H 2R situated at village Anjandoh, Taluka Karmala, District Solapur.

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The defendants have also executed Balance Confirmation and Acknowledgment on 29.03.2014 and 15.07.2020 in favour of the applicant Bank and thereby confirmed the balance outstanding in loan account.

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The applicant Bank contended that the defendants committed defaults in payment of installments and failed to regularize the accounts. Hence, on 30.09.2018, the applicant Bank has classified the account of the defendants as Non-Performing Asset in accordance with guidelines of Reserve Bank of India. Thereafter, on 17.08.2022, the applicant Bank issued legal Notice to the defendants. Despite service of Notice, the defendants failed and neglected to pay the outstanding dues of the applicant Bank. Hence, this application is filed.

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Sanap ( OA No. 1267/2023 ) 3 of 5

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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 25.03.2026 passed below Application (Exhibit-1).

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The applicant Bank has filed Claim Affidavit of evidence (Exhibit-6) of Mr. Padmaraj Shashikant Jirage, Branch Manager and Principal Officer of the applicant, and has produced on record original loan transaction documents at Sr. Nos. AW1-1 to AW1-15 along with list (Exhibit 7), which corroborates 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 evidence of the applicant Bank. Therefore, the applicant Bank is entitled for reliefs as claimed.

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The applicant Bank has claimed future interest @11.30% per annum. However, considering the facts of the case, I am of the opinion that if future interest is granted @9% per annum (simple), it would be just and reasonable rate of interest.

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Hence, I pass the following order.

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O R D E R

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A} Original Application No. 1267/2023 is allowed with costs.

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Sanap ( OA No. 1267/2023 ) 4 of 5

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B} Defendant Nos.1 to 4 either jointly or severally shall pay to the applicant Bank the sum of Rs.27,61,873/- (Rupees Twenty Seven Lakh Sixty One Thousand Eight Hundred Seventy Three only) along with future interest @9% per annum from the date of filing of the Original Application i.e. 16.09.2023 till full payment/realization of the amount mentioned in this operative order.

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C} The aforesaid adjudicated amount is secured by the valid and subsisting mortgage in respect of land i.e. all that piece and parcel of the (i) Gat No. / Sr.No. 167 Hissa No. 4 admeasuring about 4H 15R; (ii) Gat No. / Sr.No. 24 Hissa No. 4 admeasuring about 1R and (iii) Gat No. / Sr.No. 168 Hissa No.1A admeasuring about 2H 2R situated at village Anjandoh, Taluka Karmala, District Solapur, more particularly described in the Para No.5.6 of the Original Application.

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D} The applicant Bank is entitled to sell the mortgaged 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/( Dilip G. Murumkar ) Place : Pune Presiding Officer Date : 27.07.2026 Debts Recovery Tribunal, Pune.

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Sanap ( OA No. 1267/2023 ) 5 of 5

Union Bank of India v. Kisan

Case brief

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Union Bank of India v. Kisan

Case brief

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