Allowed

Bank of Maharashtra v. Sunita Sharad Bhadane

DRT7 Jan 2026OA/140/2024

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed the Bank of Maharashtra's application for recovery of Rs. 32.81 lakhs plus future interest from borrowers and guarantors who failed to repay an agricultural loan, granting the bank rights to sell mortgaged properties.

What did the court decide?

Defendants to pay Rs. 32,81,487 with future interest at 7% p.a.; bank entitled to sell mortgaged properties for recovery; recovery certificate issued.

Bank of Maharashtra versus Sunita Sharad Bhadane — Contract and Commercial Disputes | DRT (2026)

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Presented on: 19.06.2023 Registered on: 05.03.2024 Decided on: 07.01.2026 Duration: Y M D 02 06 18

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 140/2024

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TOTAL CLAIM AMOUNT – Rs. 32,81,487/Bank of Maharashtra , (A Government of India

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Undertaking) having its Central Office at Lokmangal,

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Shivaji Nagar, Pune, and amongst other branches a

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branch at Village Bhadane, Tq. Sankri, District Dhule,

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Through its Authorized Officer, Shri. Hariom Trivedi,

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Age: 45 years, Occ.: Service, R/o.: Bank of Maharashtra, Aurangabad Head Office, Near Prozone

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… Applicant

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Mall, Tq. & Dist. Aurangabad.

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Versus

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1. Sunita Sharad Bhadane, Age: Major, Occ.: Household & Agriculture, R/o.: Village Bhadane, Tq. Sakri, Dist. Dhule.

(OA No.140/2024)

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[AMBADAS]

2. Dipika Bhatu Bhadane, Age: Major, Occ.: Household & Agriculture, R/o.: Village Bhadane, Tq. Sakri, Dist. Dhule.

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3. Indubai Barik Patil,

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Age: Major, Occ.: Household & Agriculture, R/o.: Village Bhadane, Tq. Sakri, Dist. Dhule.

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4. Yashwant Bhila Mahale,

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Age: Major, Occ.: Household & Agriculture, R/o.: Village Bhadane, Tq. Sakri, Dist. Dhule.

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…Defendants

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APPEARANCES

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Mr. Sharad V. Natu -Advocate Ex-parte

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For the Applicant For Defendants

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JUDGMENT

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Delivered on 07.01.2026

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The Applicant Bank has filed the present application for the recovery of a sum of Rs. 32,81,487/- (Rupees Thirty Two Lacs, Eighty One Thousand, Four Hundred and Eighty Seven only), along with future interest from the date of filing of the Original

(OA No.140/2024)

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[AMBADAS]

Application, i.e., 19.06.2023, until the date of realization of the entire outstanding dues from the Defendants.

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Brief facts of the application are as under:

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The Applicant Bank states that the Defendant No. 1 had approached and requested the Applicant Bank seeking financial assistance for agricultural drip irrigation. Upon considering the request and financial needs of the Defendant, the Applicant Bank sanctioned Term Loan Facility of Rs. 6,42,000/- vide, sanction letter dated 07.02.2014 on certain terms and conditions and further sanction term Loan of Rs. 7,49,000/-. The agreed rate of interest was @ 7% p.a. with monthly rests. The Defendant also agreed to pay additional interest by way of liquidated damages in the event of any default in repayment.

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In order to secure the aforesaid loan facility, the Defendant executed various loan documents in favour of the Applicant Bank. These included sanction letter, demand promissory note,

(OA No.140/2024)

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[AMBADAS]

Mortgage Deed U/S 5(1) of the Maharashtra Provisions of Facilities for Agricultural Credit By Banks Act, 1974 dated 28.01.2014 and hypothecation agreement etc. Additionally defendant No. 2 to 4 stood as guarantors for defendant no. 1 and executed deed of guarantee on 07.02.2014 in favour of the Applicant Bank.

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The Applicant Bank further contends that, in order to secure the aforesaid loan facility, the Defendant executed Mortgage Deed U/S 5(1) of the Maharashtra Provisions of Facilities for Agricultural Credit By Banks Act, 1974 dated 28.01.2014 in

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respect of following properties:

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i) All that piece and parcel of Land admeasuring 6 H in Gut No. 98/2/A, situated at Village Dusane, Tq. Sakri, Dist. Dhule, which is bounded as under:

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East: Shiv West: Gut No. 99, North: Gut No. 102, South: Gut No. 948.

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ii) All that piece and parcel of land admeasuring 1 H 14 R, situated at Village Bhadane, Tq. Sakri, Dist. Dhule, which is bounded as under:

(OA No.140/2024)

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[AMBADAS]

East: Gut No. 613 West: Gut No. 614, North: Gut No. 611, South: Gut No. 613.

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The applicant bank contended that the defendants have failed to keep their promise and commitments agreed by them with regard to due repayment of the loan amount. The defendants failed to operate the loan account properly and failed to pay the agreed rate of interest as per terms and conditions of the sanction letter. Thereafter, the applicant bank repeatedly made demand of loan amount and called upon the defendants to pay with the agreed rate of interest thereon, but the defendants failed and neglected to pay the same. The loan account of the defendants became irregular and classified as NPA on 26.03.2021. Therefore the applicant bank issued legal notice to the defendants through their advocate. Despite service of Notices, the defendants failed and neglected to repay the outstanding dues of the applicant Bank. Hence, this application is filed.

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The defendants failed to appear in matter though defendant No. 3 & 4 have been served by hand, while defendant No. 1 & 2 have

(OA No.140/2024)

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[AMBADAS]

been served through paper publication. Hence the defendants were proceeded ex-parte as per Order dated 10.02.2025.

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The applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Hariom Trivedi s/o Shitlakant Trivedi, Chief Manager of the applicant Bank, and has produced on record the original loan transaction documents as Annexure A-1 to A-18 along with list of documents Exh.5 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 the unrebutted evidence of the applicant Bank. Therefore, the applicant Bank is entitled for the reliefs as claimed.

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The applicant Bank has claimed charge over immovable property of the borrower which is mortgaged in favour of the applicant bank.

(OA No.140/2024)

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[AMBADAS]

The applicant Bank has claimed future interest @9% p.a. from the date of filing i.e. 19.06.2023 of this application till realization of the claim amount. However, considering the facts of the case, I am of the opinion that if future interest is granted @ 7 % per annum (simple), it would be just and reasonable rate of interest.

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ORDER

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(A) Original Application No. 140/2024 is allowed with costs.

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(B) The defendants shall pay jointly and severally to the applicant Bank a sum of 32,81,487/- (Rupees Thirty Two Lacs, Eighty One Thousand, Four Hundred and Eighty Seven only), along with future interest @ 7 % per annum (simple) from the date of filing of the Original Application i.e. 19.06.2023 till full payment/realization of the amount mentioned in this operative order.

(OA No.140/2024)

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[AMBADAS]

documents at Annexure A-4 in the list of documents Exh.

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i) All that piece and parcel of Land admeasuring 6 H in Gut No. 98/2/A, situated at Village Dusane, Tq. Sakri, Dist. Dhule, which is bounded as under: East: Shiv West: Gut No. 99, North: Gut No. 102, South: Gut No. 948.

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ii) All that piece and parcel of land admeasuring 1 H 14 R, situated at Village Bhadane, Tq. Sakri, Dist. Dhule, which is bounded as under: East: Gut No. 613 West: Gut No. 614, North: Gut No. 611, South: Gut No. 613.

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(D) The applicant Bank is entitled to sell the mortgaged immovable property and hypothecated articles/goods etc., to recover its dues.

(OA No.140/2024)

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[AMBADAS]

(E) Issue Recovery Certificate accordingly.

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

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(G) File be consigned to the record room.

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Sd/-

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Pronounced in open court. Place: Aurangabad Date:.07.01.2026

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(Dr. J. R. Chauhan) Presiding Officer Debts Recovery Tribunal, Aurangabad

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(OA No.140/2024)

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[AMBADAS]

Bank of Maharashtra v. Sunita Sharad Bhadane

Case brief

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Bank of Maharashtra v. Sunita Sharad Bhadane

Case brief

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