AT Pune (DRT) dismissed an Original Application seeking recovery of loan dues because the creditor blindly produced factual enough, original loan transactions, the applicant bank failed to produce bank statements for the named defendants, and there were contradictions in claim figures and supporting documents.
Original Application No.1326/2023 is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Presented on: 07.09.2022 Registered on: 18.10.2023 Decided on: 16.03.2026 Duration: Y M D 03 06 09
IN THE DEBTS RECOVERY TRIBUNAL AT PUNE (Before Shri Dilip G. Murumkar, Presiding Officer) ORIGINAL APPLICATION No.1326/2023.
Union Bank of India ,
A Body Corporate constituted under the Banking Companies (Acquisitions & Transfer of Undertakings) Act of 1980 having its Head office at Union Bank Bhawan, 239, Vidhan Bhavan Marg, Nariman Point, Mumbai-21 and one of its branches at Mohol, Manohar Complex, Taluka Budhwar Peth, Mohol, District Solapur-413 213 .
Versus
1. Mr. Kanhaiyalal Sandipan Vhanmane 2. Mr. Ravindra Sandipan Vhanmane 3. Mr. Sandipan Gena Vhanmane
4. Mrs. Kasturabai Sandipan Vhanmane
5. Mr. Chandrakant Nandkumar Vhanmane
6. Mr. Chakrapani Nandkumar Vhanmane All R/at Village Kumbhej & Post Khairav, Tal. Madha, District Solapur-413 410.
… Defendants
APPEARANCES
For the Applicant Advocate –Mr. Srinivas Y. For the Defendants Ex-parte.
TOTAL CLAIM AMOUNT –Rs.24,60,000/-
(OA No.1326/2023)
Page 1 of 6
[ANIL]
JUDGMENT (Delivered on 16th March, 2026)
Defendant Nos.1 to 4 approached to the Applicant Bank for Agricultural Term Loan Facility to the tune of Rs.16,00,000/- for the purpose of construction of lift irrigation and dug well.
The Applicant Bank vide its Sanction Letter dated 09.07.2014 granted and disbursed the Term loan amount of Rs.16 Lakhs for the purpose of construction of lift irrigation and dug well, on certain terms and conditions. Defendant Nos.5 and 6 agreed to stand as guarantors to the said loan facility.
In order to secure the aforesaid Loan facilities, the defendant has executed loan and security documents on 21.07.2014 as set out in Par No.5.5 of the Original Application, in favor of Applicant Bank.
Defendant Nos.1 to 4 again approached to the Applicant Bank for UCG Loan Facility to the tune of Rs.8,60,000/- for the purpose of purchase of irrigation. Again Defendant Nos.5 and 6 agreed to stand
(OA No.1326/2023)
Page 2 of 6
[ANIL]
as guarantors to the said loan facility.
The applicant bank favourably considered the request of Defendant Nos.1 to 4 and sanctioned and disbursed UCG Loan Facility of Rs.8,60,000/- on 09.07.2014 to them on certain terms and conditions.
In order to secure the aforesaid Loan facilities, the defendant has executed loan and security documents on 21.07.2014 as set out in Par No.5.9 of the Original Application, in favor of Applicant Bank.
Defendant Nos.1 to 4 executed Deed of Simple Mortgage registered in the Office of Sub Registrar Madha, District Solapur at Sr. No.2960/2014 in respect of the Agricultural land situated at village Kumbhej, Tal. Madha and District Solapur and secured the limit sanctioned under the Agricultural Term Loan and UCG Facility jointly in respect of the immovable property
Mortgaged properties: - (i)- Sr. No.119, totally admeasuring 01H 80 R; (ii)- Sr.No.129, totally admeasuring 00H 60R; (iii)- Sr.No.142/1/D totally admeasuring 00H 21R; (iv)- Sr.No.142/4 totally admeasuring 00H 72R; (v)- Sr.No.118 totally admeasuring 00H 84R; (vi)- Sr.No.142/1/C totally admeasuring 00H 21R; (vii)- Sr.No.142/6 totally admeasuring 00H 72R; (viii)- Sr.No.142/5 totally admeasuring 00H 75R; (ix)- Sr.No.117 totally admeasuring 02H 12R
more particularly described in Para. No.5.3.4 of the Original Application.
(OA No.1326/2023)
Page 3 of 6
[ANIL]
Hence, this application is filed.
5.The Applicant Bank has filed Claim Affidavit (Exhibit-6) of Mr. Shriprasad Krushnath Shete, Branch Manager has produced on record the Original Loan Transaction documents at Exhibits.AW-1 to AW-19, which corroborates the case of the Applicant Bank.
(OA No.1326/2023)
Page 4 of 6
[ANIL]
Agricultural Term Loan Account and Rs.13,90,802/- towards UCG Loan Account.
But it is very shocking and surprising to see that in prayer clause an amount of Rs.16,00,000/- is claimed towards Agricultural Term Loan Account and Rs.8,60,000/- towards UCG Loan Account, with future interest @11.50% p.a. respectively.
So also, in Claim Affidavit the applicant bank has claimed future interest @11.30% p.a. respectively.
Last but not least, it is very strange to note that the Bank Statements enclosed with the Original Application are of one Mr. Arun Hindurao Shelke, Union Bank of India, Agri Crop Loan A/c No.642506010000069 and Mr. Balbhim Vitthal Jadhav, Union Bank of India, for A/c No.642506040000207, who are not the defendants in this Original Application. It means, the applicant bank has not produced the Bank Statements of the defendants on record.
These discrepancies raise serious doubts regarding the accuracy and authenticity of the claim in the Original Application. In view of these inconsistencies and lack of proper documentation and supporting evidence, the Original Application cannot be granted.
(OA No.1326/2023)
Page 5 of 6
[ANIL]
Therefore, the Original Application deserves to be dismissed.
Hence, I pass the following order: -
ORDER
(B) The Registrar is directed to send the copy of Judgment to the Head Office of Applicant Bank.
Sd/-
Place : Pune Date: 16.03.2026
(Dilip G. Murumkar) Presiding Officer, Debts Recovery Tribunal, Pune.
(OA No.1326/2023)
Page 6 of 6
[ANIL]
2 issues framed by the court
Whether an Original Application for banking recovery can be granted where there are inconsistencies between the claim figures, prayer clause, and supporting affidavit.
Whether the lack of proper documentation and authentic bank statements for the named defendants justifies dismissing the recovery application.
Union Bank of India
Mr. Ravindra Sandipan Vhanmane
Mr. Sandipan Gena Vhanmane
Mrs. Kasturabai Sandipan Vhanmane
Mr. Chandrakant Nandkumar Vhanmane
Dilip G. Murumkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
