Allowed

Union Bank of India v. Alka

DRT30 Jan 2026OA/1284/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an original application by Union Bank of India for recovery of dues from primary borrowers and guarantors. The Tribunal proceeded ex parte, ordered payment of specific sums with future interest at 9% per annum, and directed sale of mortgaged properties.

What did the court decide?

Recovery of sums with future interest at 9% p.a.; decree for sale of mortgaged properties; issuance of Recovery Certificate.

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

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Presented on .. 16.09.2023 Registered on .. 05.10.2023 Decided on .. 30.01.2026 Duration .. Y—M—D 02--04--14

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IN THE DEBTS RECOVERY TRIBUNAL AT PUNE (Before Shri Dilip G. Murumkar, Presiding Officer) ORIGINAL APPLICATION No. 1284/2023.

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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 Branch Office at – House No. 150, At and Post Chikhalthan, Taluka Karmala, District Solapur 413 202.

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… Applicant

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Versus

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1 Mrs. Alka Satish Pol, Age Adult, Occ. Agril & Business, R/o – A/P Shetphal, Taluka Karmala, District Solapur 413 202.

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2 Mr. Atul Satish Pol, Age Adult, Occ. Agril & Business, R/o – A/P Shetphal, Taluka Karmala, District Solapur 413 202.

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3 Mr. Vishal Satish Pol, Age Adult, Occ. Agril & Business, R/o – A/P Shetphal, Taluka Karmala, District Solapur 413 202.

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Sanap ( OA No. 1284/2023 ) 1 of 7

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4 Mrs. Rukmini Zumber Pol, Age Adult, Occ. Agril & Business, R/o – A/P Shetphal, Taluka Karmala, District Solapur 413 202.

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5 Mr. Ramchandra Uddhav Ghogre, Age Adult, Occ. Agril & Business, R/o – A/P Shetphal, Taluka Karmala, District Solapur 413 202. … Defendants

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Appearances :-

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For Applicant Advocate Srinivas Y. For Defendants Ex parte.

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Total Claim Amount – Rs.22,55,850/-

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JUDGMENT

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(Delivered on 30^th January, 2026)

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The Applicant Bank has filed the present application for recovery of the sum of Rs.22,55,850/- 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 applications of defendant Nos.1 to 3, the applicant Bank sanctioned the following loan facilities to defendant Nos.1 to 3 for installation of electric motor and laying of pipeline under the scheme of minor irrigation and for working capital.

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Sanap ( OA No. 1284/2023 ) 2 of 7

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	Name of facility	Amount Rs.	Date of Sanction
1	Agricultural Term Loan	12,25,000/-	17.06.2014
2	Agricultural Term Loan	7,00,000/-	13.01.2016
3	Agricultural Term Loan	2,75,000/-	20.07.2020

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Defendant Nos. 4 and 5 stood guarantors for the repayment of loan facilities availed by defendant Nos. 1 to 3.

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In order to secure the aforesaid loan facilities, the defendants have executed necessary loan and security documents in favour of the applicant Bank. Defendant Nos. 1 to 3 have also executed deed of simple mortgage dated 12.06.2014 in favour of the applicant Bank in respect of all that piece and parcel of the properties – (i) Gat/Sr. No. 14, Hissa No. 1 admeasuring about 3H 46R; (ii) Gat/Sr. No. 14, Hissa No. 3A admeasuring about 1H 86R and (iii) Gat/Sr. No. 14, Hissa No.3A admeasuring about 1H 86R lying and situated at village Shetphal, Taluka Karmala, District Solapur.

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The defendants have also executed Letter of Balance Confirmation on 15.06.2017 and 20.07.2020 in favour of the applicant Bank and thereby confirmed the balance outstanding in loan accounts.

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Sanap ( OA No. 1284/2023 ) 3 of 7

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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 20.05.2019, 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 Recall Notice to the defendants. Despite service of Notice, the defendants failed and neglected to pay the outstanding dues of the applicant Bank.

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Hence, this application is filed.

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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 15.07.2025 passed below Application (Exhibit-1).

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The applicant Bank has filed Claim Affidavit of evidence (Exhibit-6) of Mr. Padmara Shashikant Jirage, Branch Manager and Principal Officer of the applicant Bank, and has produced on record the original loan transaction documents at Sr. Nos. AW1-1 to AW1-25 along with list (Exhibit 7), which corroborates the case of the applicant.

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I have heard arguments of the learned Advocate for the applicant Bank.

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Sanap ( OA No. 1284/2023 ) 4 of 7

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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. 1284/2023 is allowed with costs.

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B} Defendant Nos. 1 to 3 either jointly or severally shall pay to the applicant Bank the sum of Rs.13,20,858/(Rupees Thirteen Lakh Twenty Thousand Eight Hundred Fifty Eight 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} Defendant Nos. 1 to 5 either jointly or severally shall pay to the applicant Bank the sum of Rs.6,49,781/(Rupees Six Lakh Forty Nine Thousand Seven Hundred

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Sanap ( OA No. 1284/2023 ) 5 of 7

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Eighty One 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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D} Defendant Nos. 1 to 5 either jointly or severally shall pay to the applicant Bank the sum of Rs.2,85,211/(Rupees Two Lakh Eighty Five Thousand Two Hundred Eleven 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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E} The aforesaid adjudicated amount is secured by the valid and subsisting mortgage in respect of all that piece and parcel of the properties – (i) Gat/Sr. No. 14, Hissa No. 1 admeasuring about 3H 46R; (ii) Gat/Sr. No. 14, Hissa No. 3A admeasuring about 1H 86R and (iii) Gat/Sr. No. 14, Hissa No.3A admeasuring about 1H 86R lying and situated at village Shetphal, Taluka Karmala, District Solapur, more particularly described in the Para No. 5.3.3 of the Original Application.

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F} The applicant Bank is entitled to sell the mortgaged property to recover its dues.

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G} Issue Recovery Certificate.

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Sanap ( OA No. 1284/2023 ) 6 of 7

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H} 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 : 30.01.2026 Debts Recovery Tribunal, Pune.

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Sanap ( OA No. 1284/2023 ) 7 of 7

Union Bank of India v. Alka

Case brief

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Union Bank of India v. Alka

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