Allowed

Union Bank of India v. Mahesh Dnyandeo Dhavale

DRT6 Jan 2026OA/165/2023

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed the application filed by Union Bank of India for recovery of Rs. 69,18,559/- plus interest. The court proceeded ex-parte as respondents did not appear. It granted future interest at 11% per annum and ordered the sale of mortgaged properties for dues recovery.

What did the court decide?

Payment of Rs. 69,18,559/- with future interest at 11% p.a.; Charge on mortgaged properties; Issuance of Recovery Certificate.

Union Bank of India versus Mahesh Dnyandeo Dhavale — Contract and Commercial Disputes | DRT (2026)

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Presented on: 01.11.2022 Registered on: 26.11.2023 Decided on: 06.01.2026 Duration: Y M D 03 02 05

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 165/2023

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TOTAL CLAIM AMOUNT – Rs. 69,18,559/-

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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 V, 1970 having its Head Office at 239, Backbay Reclamation Bombay 40021 and one of its Branch at Rashin Branch, Taluka Karjat, District Ahmednagar and acting through its one of authorized officer Shri. Bapu Abasaheb Supekar, Age: 42 years, Occupation: Branch Manager, Union Bank of India, Rashin Branch Taluka Karjat, District Ahmednagar and having authority to file the application which includes the authority to sign and verify the application.

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… Applicant

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Versus

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1. Mahesh Dnyandeo Dhavale, Age: 46 years, Occupation: Agriculture, At Village Karpadi, Taluka Karjat, District Ahmednagar 414403. And

(OA No.165/2023)

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[AMBADAS]

Mahesh Dnyandeo Dhavale, Age: 46 years, Occupation: Agriculture, Room No. 03, Karunabai Chawl No. 27, Dawale Nagar, Lokmanya Nagar pada-33, Thane west Thaane Jekegram Thane Maharashtra-400606.

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2. Sarik Mahesh Dhavale,

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Age: 38 years, Occupation: Agriculture, At Village Karpadi, Taluka Karjat, District Ahmednagar 414403. And

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Sarik Mahesh Dhavale, Age: 38 years, Occupation: Agriculture, Room No. 03, Karunabai Chawl No. 27, Dawale Nagar, Lokmanya Nagar pada-33, Thane west Thaane Jekegram Thane Maharashtra-400606.

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3. Balbhim Vitthal Kale,

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Age: 69 years, Occupation: Agriculture, Village Karpadi, Taluka Karjat, District Ahmednagar 414403.

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4. Nanda Balbhim Kale,

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Age: 35 years, Occupation: Agriculture, At Village Karpadi, Taluka Karjat, District Ahmednagar 414403.

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5. Kisan Dnyandeo Dhavale,

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Age: 69 years, Occupation: Agriculture, Village Karpadi, Taluka Karjat, District Ahmednagar 414403.

(OA No.165/2023)

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[AMBADAS]

6. Rajendra Krishna Kale, Age: 42 years, Occupation: Agriculture, Village Karpadi, Taluka Karjat, District Ahmednagar 414403.

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…Defendants

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APPEARANCES

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For the Applicant For Defendants

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Mr. Kulkarni Vivek B -Advocate Ex-parte

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JUDGMENT

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Delivered on 06.01.2026

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The Applicant Bank has filed the present application for the recovery of a sum of Rs. 69,18,559/- (Rupees Sixty Nine Lacs, Eighteen Thousand, Five Hundred and Fifty Nine only), along with future interest from the date of filing of the Original Application, i.e., 01.11.2022, 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 Nos. 1 to 4 approached and requested the Applicant Bank for a Term loan facility. Upon considering the request and financial needs of the

(OA No.165/2023)

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[AMBADAS]

Defendants, the Applicant Bank sanctioned a Term loan facility of

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Rs. 35,00,000/- vide sanction letter dated 29.05.2014 on certain terms and conditions. The agreed rate of interest for the Term loan was @13% p.a. with half yearly rests. The Defendants also agreed to pay additional interest @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 Defendants executed various loan documents in favour of the Applicant Bank. These included sanction letters, form of declaration, letter of undertaking, demand promissory note, & hypothecation agreement. Additionally defendant No. 5 & 6 stood as guarantors for defendant Nos. 1 to 4 and executed deed of guarantee 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 Defendants created first charge over their immovable properties by executing form of declaration

(OA No.165/2023)

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[AMBADAS]

dated 10.06.2014 in favour of the Applicant Bank. The mortgage

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was created in respect of the following properties-

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i) All that piece and parcel of agricultural land admeasuring 1 Hector 77 R, plus 0.39 R unfertile land, situated at Gat No. 607 at village Karpadi, Taluka Karjat, District Ahmednagar.

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ii) All that piece and parcel of agricultural land admeasuring 1 Hector 02 R, plus 0 Hector 33 R unfertile land, situated at Gat No. 608 at village Karpadi, Taluka Karjat, District Ahmednagar.

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iii) All that piece and parcel of agricultural land admeasuring 1 Hector 77 R, plus 0 Hector 39 R unfertile land, situated at Gat No. 607 at village Karpadi, Taluka Karjat, District Ahmednagar.

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iv) All that piece and parcel of agricultural land admeasuring 0 Hector 26 R, situated at Gat No. 230/1 at village Karpadi, Taluka Karjat, District Ahmednagar.

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v) All that piece and parcel of agricultural land admeasuring 0 Hector 74 R, plus 0 Hector 25 R unfertile land situated at Gat No. 230/3 at village Karpadi, Taluka Karjat, District Ahmednagar.

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vi) All that piece and parcel of agricultural land admeasuring 0 Hector 00 R, plus 0 Hector 04 R unfertile land situated at Gat No. 231 at village Karpadi, Taluka Karjat, District Ahmednagar.

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vii) All that piece and parcel of agricultural land admeasuring 0 Hector 45 R, plus 0 Hector 07 R unfertile land, situated at Gat No. 232 at village Karpadi, Taluka Karjat, District Ahmednagar.

(OA No.165/2023)

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[AMBADAS]

viii) All that piece and parcel of agricultural land admeasuring 0 Hector 20 R, plus 0 Hector 01 R unfertile land situated at Gat No. 166 at village Karpadi, Taluka Karjat, District Ahmednagar.

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Personal Properties of defendant No. 5:

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All that piece and parcel of agricultural land admeasuring 1 Hector 60 R, situated at Gat No. 680 at village Karpadi, Taluka Karjat, District Ahmednagar.

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Personal Properties of defendant No. 6:

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i) All that piece and parcel of agricultural land admeasuring 0 Hector 82 R, situated at Gat No. 670/3, at village Karpadi, Taluka Karjat, District Ahmednagar

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ii) All that piece and parcel of agricultural land admeasuring 1 Hector 00 R, situated at Gat No. 672, at village Karpadi, Taluka Karjat, District Ahmednagar.

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iii) All that piece and parcel of agricultural land admeasuring 0 Hector 59 R, situated at Gat No. 340, at village Karpadi, Taluka Karjat, District Ahmednagar.

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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

(OA No.165/2023)

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[AMBADAS]

to pay the same. The loan account of the defendants became irregular and classified as NPA on 31.03.2022. Therefore, on 09.06.2022 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. 1 & 2 have been served through adult member i.e. nephew. Defendant No. 3 has been served through his son and defendant No. 4 & 6 served by hand, defendant No. 5 has been served through his son but none was appeared on behalf of defendants despite service. Hence, the defendants were proceeded ex-parte as per Order dated 04.04.2024.

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The applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Bapu Abasaheb Supekar, Branch Manager of the applicant Bank, and has produced on record the original loan transaction documents as Annexure A-1 to A-14 along with list of

(OA No.165/2023)

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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 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 properties of the borrowers which are mortgaged in favour of the applicant bank.

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The applicant Bank has claimed future interest @13% p. a. from the date of filing i.e. 01.11.2022 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 @ 11% per annum (simple), it would be just and reasonable rate of interest.

(OA No.165/2023)

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[AMBADAS]

ORDER

(A) Original Application No. 165/2023 is allowed with costs.

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(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 69,18,559/- (Rupees Sixty Nine Lacs, Eighteen Thousand, Five Hundred and Fifty Nine only), along with future interest @ 11% per annum (simple) from the date of filing of the O. A. i.e. 01.11.2022 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 immovable properties vide form of declaration dated 10.06.2014 at annexure A-9 and A-10 in list of documents Exh. 5.

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i) All that piece and parcel of agricultural land admeasuring 1 Hector 77 R, plus 0.39 R unfertile land, situated at Gat No. 607 at village Karpadi, Taluka Karjat, District Ahmednagar.

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ii) All that piece and parcel of agricultural land admeasuring 1 Hector 02 R, plus 0 Hector 33 R unfertile

(OA No.165/2023)

Page 9 of 12

[AMBADAS]

land, situated at Gat No. 608 at village Karpadi, Taluka Karjat, District Ahmednagar.

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iii) All that piece and parcel of agricultural land admeasuring 1 Hector 77 R, plus 0 Hector 39 R unfertile land, situated at Gat No. 607 at village Karpadi, Taluka Karjat, District Ahmednagar.

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iv) All that piece and parcel of agricultural land admeasuring 0 Hector 26 R, situated at Gat No. 230/1 at village Karpadi, Taluka Karjat, District Ahmednagar.

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v) All that piece and parcel of agricultural land admeasuring 0 Hector 74 R, plus 0 Hector 25 R unfertile land situated at Gat No. 230/3 at village Karpadi, Taluka Karjat, District Ahmednagar.

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vi) All that piece and parcel of agricultural land admeasuring 0 Hector 00 R, plus 0 Hector 04 R unfertile land situated at Gat No. 231 at village Karpadi, Taluka Karjat, District Ahmednagar.

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vii) All that piece and parcel of agricultural land admeasuring 0 Hector 45 R, plus 0 Hector 07 R unfertile land, situated at Gat No. 232 at village Karpadi, Taluka Karjat, District Ahmednagar.

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viii) All that piece and parcel of agricultural land admeasuring 0 Hector 20 R, plus 0 Hector 01 R unfertile land situated at Gat No. 166 at village Karpadi, Taluka Karjat, District Ahmednagar.

(OA No.165/2023)

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[AMBADAS]

Personal Properties of defendant No. 5:

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All that piece and parcel of agricultural land admeasuring 1 Hector 60 R, situated at Gat No. 680 at village Karpadi, Taluka Karjat, District Ahmednagar.

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Personal Properties of defendant No. 6:

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i) All that piece and parcel of agricultural land admeasuring 0 Hector 82 R, situated at Gat No. 670/3, at village Karpadi, Taluka Karjat, District Ahmednagar

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ii) All that piece and parcel of agricultural land admeasuring 1 Hector 00 R, situated at Gat No. 672, at village Karpadi, Taluka Karjat, District Ahmednagar.

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iii) All that piece and parcel of agricultural land admeasuring 0 Hector 59 R, situated at Gat No. 340, at village Karpadi, Taluka Karjat, District Ahmednagar.

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(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)

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(E) Issue Recovery Certificate accordingly.

(OA No.165/2023)

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[AMBADAS]

(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:.06.01.2026

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

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(OA No.165/2023)

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[AMBADAS]

Union Bank of India v. Mahesh Dnyandeo Dhavale

Case brief

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Union Bank of India v. Mahesh Dnyandeo Dhavale

Case brief

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