Allowed

Punjab National Bank v. Hirabai Bhagchand Pandule

DRT28 Apr 2026OA/142/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal at Aurangabad allowed the bank's application for the recovery of Rs. 33,66,164/- along with future interest at 9% p.a. per annum from the filing date, granting the charge over the mortgaged agricultural lands to the bank for debt recovery.

What did the court decide?

Direct payment of Rs. 33,66,164/- with future interest at 9% p.a. (simple); charge on mortgaged properties; issuance of Recovery Certificate.

Punjab National Bank versus Hirabai Bhagchand Pandule — Banking and Recovery | DRT (2026)

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Presented on: 25.01.2025 Registered on: 28.02.2025 Decided on: 28.04.2026 Duration: Y M D 01 03 03

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 142/2025

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TOTAL CLAIM AMOUNT – Rs. 33,66,164/-

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Punjab National Bank,

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A Body Corporate constituted under the Banking companies (Acquisition & Transfer of Undertakings) Act 1970, having its Head Office at Plot No. 4, Sector10, Dwarka, New Delhi-110075, and one of its Branch Ghogargaon , Tal. Shrigonda, Dist. Ahmednagar, through its Attorney Mr. Rahul … Applicant Nathaji Potphode .

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Versus

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Hirabai Bhagchand Pandule, Age: 59 years, Occ.: Business, R/o.: Pandule Niwas, Thite Sangavi Road, Nimgaon Gangarda, Post Mirajgaon, Taluka Karjat, Dist. Ahmednagar.

…Defendant

(OA No.142/2025)

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[AMBADAS]

APPEARANCES

For the Applicant For Defendant

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Mr. Sameer J. Pande -Advocate Ex-parte

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JUDGMENT

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Delivered on 28.04.2026

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The Applicant Bank has filed the present application for the recovery of a sum of Rs. 33,66,164/- (Rupees Thirty Three Lacs, Sixty Six Thousand, One Hundred and Sixty Four only), along with future interest from the date of filing of the Original Application, i.e., 25.01.2025, until the date of realization of the entire outstanding dues from the Defendant.

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Brief facts of the application are as under:

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The Applicant Bank states that the Defendant had approached and requested the Applicant Bank for Cash Credit Facility. Upon considering the request and financial needs of the Defendant, the Applicant Bank sanctioned Cash Credit Facility of Rs. 20,00,000/-

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vide sanction letter dated 19.09.2018 on certain terms and

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conditions. The Defendant also agreed to pay additional interest

(OA No.142/2025)

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[AMBADAS]

@2% 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, letter of undertaking, registered mortgage deed bearing daybook No. 2752/2018 dated 21.08.2018 etc., 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 registered mortgage deed bearing daybook No. 2752/2018 dated 21.08.2018 in favour of the Applicant Bank. The mortgage was created in respect of the following properties:

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Schedule of Mortgage lands

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i) All that piece and parcel of Agriculture land total admeasuring 0.59 H.R., part of Gut No. 138 of village Nimgaon Gangarda, Tal. Karjat, Dist. Ahmednagar, which is bounded as under: East: Remaining Land of Gut No. 138, West: Land of Gut No. 139, North: Land of Gut No. 144/1, South: Remaining Land of Gut No. 138.

(OA No.142/2025)

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[AMBADAS]

ii) All that piece and parcel of Agriculture land total admeasuring 1.68 H.R. (adm. 1.47 H.R. + Pot Kharab 0.21 H.R.), part of Gut No. 139 of village Nimgaon Gangarda, Tal. Karjat, Dist. Ahmednagar, which is bounded as under: East: Remaining Land of Gut No. 138, West: Land of Gut No. 162/2/2, North: Land of Gut No. 140/1A1, South: Land of Gut No. 136/4.

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iii) All that piece and parcel of Agriculture land total admeasuring 0.53 H.R. (adm. 0.51 H.R. + Pot Kharab 0.02 H.R.), part of Gut No. 184/3 of village Nimgaon Gangarda, Tal. Karjat, Dist. Ahmednagar, which is bounded as under: East: Land of Gut No. 185/1, West: Land of Gut No. 183/2, North: Road, South: Land of Gut No. 186/1.

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iv) All that piece and parcel of Agriculture land total admeasuring 0.32 H.R., part of Gut No. 186/1 of village Nimgaon Gangarda, Tal. Karjat, Dist. Ahmednagar, which is bounded as under: East: Land of Gut No. 187/1/1, West: Land of Gut No. 175/1+2/1/1, North: Land of Gut No. 184/1, South: Land of Gut No. 174/3.

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The applicant bank contended that the defendant has failed to keep her promise and commitments agreed by her with regard to due repayment of the loan amount. The defendant failed to operate the loan account properly and failed to pay the agreed

(OA No.142/2025)

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[AMBADAS]

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 defendant to pay with the agreed rate of interest thereon, but the defendant failed and neglected to pay the same. The loan account of the defendant became irregular and classified as NPA on 31.03.2022. Therefore, on 05.01.2023 the applicant bank issued legal notice to the defendant through their advocate. Despite service of Notices, the defendant failed and neglected to repay the outstanding dues of the applicant Bank. Hence, this application is filed.

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The defendant failed to appear in matter though she was served through RPAD. Hence, the defendant was proceeded ex-parte as per Order dated 08.10.2025.

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The applicant Bank has filed Evidence Affidavit at Exhibit-4 of Mr. Rahul s/o. Nathaji Potphode, Power of Attorney Holder of the applicant Bank, and has produced on record the original loan transaction documents as Annexure A-1 to A-12 along with list of

(OA No.142/2025)

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[AMBADAS]

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 defendant 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 properties of the borrower which are mortgaged in favour of the applicant bank.

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The applicant Bank has claimed future interest @15% p. a. from the date of filing i.e. 25.01.2025 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 @ 9% per annum (simple), it would be just and reasonable rate of interest.

(OA No.142/2025)

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[AMBADAS]

ORDER

(A) Original Application No. 142/2025 is allowed with

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costs.

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(B) The defendant shall pay to the applicant Bank a sum of Rs. 33,66,164/- (Rupees Thirty Three Lacs, Sixty Six Thousand, One Hundred and Sixty Four only), along with future interest @ 9% per annum (simple) from the date of filing of the O.A. i.e. 25.01.2025 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 mortgage of the following vide documents at Annexure A-2 in list of documents Exh. 5.

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i) All that piece and parcel of Agriculture land total admeasuring 0.59 H.R., part of Gut No. 138 of village Nimgaon Gangarda, Tal. Karjat, Dist. Ahmednagar, which is bounded as under:

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East: Remaining Land of Gut No. 138, West: Land of Gut No. 139, North: Land of Gut No. 144/1, South: Remaining Land of Gut No. 138.

(OA No.142/2025)

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[AMBADAS]

East: Remaining Land of Gut No. 138, West: Land of Gut No. 162/2/2, North: Land of Gut No. 140/1A1, South: Land of Gut No. 136/4.

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East: Land of Gut No. 185/1, West: Land of Gut No. 183/2, North: Road, South: Land of Gut No. 186/1.

(OA No.142/2025)

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[AMBADAS]

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

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(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 defendant.

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(G) File be consigned to the record room.

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Sd/Pronounced in open court. (Dr. J. R. Chauhan) Place: Aurangabad Presiding Officer Date:.28.04.2026 Debts Recovery Tribunal, Aurangabad

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(OA No.142/2025)

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[AMBADAS]

Punjab National Bank v. Hirabai Bhagchand Pandule

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Hirabai Bhagchand Pandule

Case brief

What is this about?

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