Allowed

Union Bank of India v. Haridas

DRT20 Feb 2026OA/1285/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal, Pune, allowed an ex-parte recovery application filed by Union Bank of India against five defendants for term loans. The court directed payment of the principal amount with future interest at 9% and ordered the creation of a mortgage on the defendants' agricultural land to secure the dues.

What did the court decide?

Delivery of possession/Recovery Certificate for agricultural properties to secure the decretum amount.

Union Bank of India versus Haridas — Banking and Recovery | DRT (2026)

¶1

Presented on: 14.09.2023 Registered on: 05.10.2023 Decided on: 20.02.2026 Duration: Y M D 02 05 06

¶2

IN THE DEBTS RECOVERY TRIBUNAL AT PUNE (Before Shri Dilip G Murumkar, Presiding Officer) ORIGINAL APPLICATION No.1285/2023

¶3

Union Bank of India ,

¶4

a Banking company constituted under Banking Companies (Acquisition and Transfer of Undertakings) Act 1970 having its Central Office at Union Bank Bhavan, 239 Vidhan Bhavan Marg, Mumbai – 400 021 and branch amongst other places at – Chikhalthan at House No.150, At & Post Chikhalthan, Taluka Karmala, District Solapur – 413 202.

¶5

… Applicant

¶6

Versus

¶7

1. Mr. Haridas Tulshiram Jadhav Age adult, Occ: Agri. & Business,

¶8

2. Mr. Ramdas Haridas Jadhav Age adult, Occ: Agri. & Business,

¶9

3. Mrs. Binabai Ramdas Jadhav Age adult, Occ: Agri. & Business,

¶10

4. Mr. Vishnudas Dagadu Labade Age adult, Occ: Agri. & Business,

¶11

5. Mr. Murlidhar Chandrakant Pol Age adult, Occ: Agri. & Business, All R/At & Post Shetphal, Tal. Karmala District Solapur-413 202.

¶12

… Defendants

(OA No.1285/2023)

Page 1 of 7

[ANIL]

APPEARANCES

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

¶18

TOTAL CLAIM AMOUNT –Rs.22,87,111.90Ps.

¶19

JUDGMENT

¶20

(Delivered on 20^th February, 2026)

¶21

The Applicant Bank has filed present application for recovery of Rs.22,87,111.90Ps in respect of Term Loan accounts together with future interest @11.30% per annum with monthly rests thereon from the date of filing of suit till repayment/realization of entire dues from defendant Nos.1 to 5.

¶22

Brief facts of the application are as under:

¶23

Defendant Nos.1 to 3 approached the applicant bank for Term Loan Facility of Rs.7,20,000/- for the purpose of installation of Pipeline and Electric Motor. Defendant Nos.4 & 5 stood as guarantors to Term Loan Facility availed by Defendant Nos.1 to 3.

¶24

The applicant bank considered the request of Defendant Nos.1 to 3 and sanctioned and disbursed Term Loan Facility of Rs.7,20,000/- on 16.09.2006 to them.

¶25

Defendant Nos.1 to 5 have signed and executed certain security documents in favour of the applicant bank for securing Term Loan Facility, as described in Para No.5.3.2 of the Original Application.

(OA No.1285/2023)

Page 2 of 7

[ANIL]

Defendant Nos.1 to 3 have created charge of the applicant bank on the land mentioned below for securing the Financial Assistance together with interest and cost thereon.

¶30

Charged Property:-

¶31

All that piece and parcel of the agriculture properties lying and situated at village Shetphal, Taluka Karmala, District Solapur, i.e. Survey No.128, Hissa No.2 admeasuring about 01H 62R; Survey No.214, Hissa No.2 admeasuring about 00H 57R; Survey No.99 admeasuring about 01H 81R; Survey No.128, Hissa No.4A, admeasuring about 01H 60R and Survey No.128, Hissa No.4C admeasuring about 04H 83R, more particularly described in Para No.5.3.4 of the Original Application.

¶32

Defendant Nos.1 to 3 again approached the applicant bank for Term Loan Facility of Rs.2,40,000/- for the purpose of Working Capital requirement. Defendant Nos.4 & 5 stood as guarantors to Term Loan Facility availed by Defendant Nos.1 to 3.

¶33

The applicant bank considered the request of Defendant Nos.1 to 3 and sanctioned and disbursed Term Loan Facility of Rs.2,40,000/- on 19.11.2008 to them.

¶34

Defendant Nos.1 to 5 have signed and executed certain security documents in favour of the applicant bank for securing Term Loan Facility, as described in Para No.5.4.2 of the Original Application.

(OA No.1285/2023)

Page 3 of 7

[ANIL]

Defendant Nos.1 to 3 have executed Balance Confirmation and Acknowledgment on 30.04.2010, 21.01.2013, 08.01.2016 and 17.07.2019 in favour of the applicant bank and thereby confirmed and acknowledged in writing indebtedness in the sum of debit balance outstanding in Term Loan Account of Defendants.

¶39

Defendant Nos.1 to 5 have not adhered to repay the outstanding amounts of the said account. Hence, the account has classified as Non-Performing Asset on 30.09.2019 as per the Reserve Bank of India norms.

¶40

Therefore, the applicant Bank issued Legal Notice dated 17.08.2022 through its Advocate Srinivas B. Yelery calling upon the defendants to pay the dues. In spite of issuing Notice, defendants failed to repay the amount due under the Term Loan account.

¶41

Hence, this application is filed.

¶42

Defendants failed to appear despite service of summons. Hence, the application proceeded ex-parte against it vide Order dated 14.07.2025 passed below the Application (Exhibit-01).

¶43

The applicant Bank has filed Claim Affidavit of evidence (Exhibit-6) of Mr. Padamraj Shashikant Jirage, Branch Manager which supports the case of the applicant Bank elucidated in the application.

(OA No.1285/2023)

Page 4 of 7

[ANIL]

The applicant Bank has produced on record the originals/photocopies of loan transaction documents (Sr.Nos.AW-1 to AW-20) which corroborate the case of the applicant Bank.

¶48

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

¶49

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.

¶50

The applicant Bank has claimed future interest @11.30% p.a. with monthly rests for Term Loan account. However, considering facts of the case, I am of the opinion that if future interest is granted @9% (simple), it would be just and reasonable.

¶51

Hence, I pass the following order:-

¶52

ORDER

¶53

(1) Original Application No.1285/2023 is allowed with costs.

¶54

(2) Defendant Nos.1 to 5 shall either jointly or severally pay amount of Rs.22,87,112/- (Rupees Twenty-Two Lakhs Eighty-Seven Thousand One Hundred Twelve only) to the applicant Bank towards Term Loan accounts as follows: -

(OA No.1285/2023)

Page 5 of 7

[ANIL]

(a) - Out of Rs.22,87,112/-, Defendant Nos.1 to 5 shall either jointly or severally pay a sum of Rs.15,79,384 /- (Rupees Fifteen Lakhs Seventy-Nine Thousand Three Hundred Eighty-Four only) towards Term Loan Account No.476606040000964 with future interest @9%p.a. from the date of filing of Original Application i.e.14.09.2023 till payment/realization of the amount mentioned in this operative order.

¶59

(b) - Out of Rs.22,87,112/-, Defendant Nos.1 to 5 shall either jointly or severally pay a sum of Rs.7,07,728 /- (Rupees Seven Lakhs Seven Thousand Seven Hundred Twenty-Eight only) towards Term Loan Account No. 476606010001285 with future interest @9%p.a. from the date of filing of Original Application i.e.14.09.2023 till payment/realization of the amount mentioned in this operative order.

¶60

(3)

¶61

The aforesaid adjudicated amount is secured by creating Mortgage regarding immovable properties i.e. all that piece and parcel of the agriculture properties lying and situated at village Shetphal, Taluka Karmala, District Solapur, i.e. Survey No.128, Hissa No.2 admeasuring about 01H 62R; Survey No.214, Hissa No.2 admeasuring about 00H 57R; Survey No.99 admeasuring about 01H 81R; Survey No.128, Hissa No.4A, admeasuring about 01H 60R and Survey No.128, Hissa No.4C admeasuring about 04H 83R, more particularly described in Para No.5.3.4 of the Original Application.

¶62

(4) The Applicant Bank is entitled to sell the mortgaged immovable properties to recover its dues.

(OA No.1285/2023)

Page 6 of 7

[ANIL]

(5) Issue Recovery Certificate.

¶67

The Registrar is directed to send the copy of Judgment (6) and Recovery Certificate to the applicant Bank and defendants.

¶68

Place : Pune Date : 20.02.2026

¶69

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

¶70

(OA No.1285/2023)

¶71

Page 7 of 7

¶72

[ANIL]

Union Bank of India v. Haridas

Case brief

What is this about?

What did the court decide?

Union Bank of India v. Haridas

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Icici Bank Limited versus Somnath Deshmukh

Encore Assets Reconstruction Company Private Limited versus Vishnu Shingare

Uco Bank versus Vilas Shinde

Union Bank of India versus Suman

Union Bank of India versus Mallikarjun

Union Bank of India (Corporation Bank) versus Pandurang Jagtap