Allowed

Canara Bank v. Ramrao Kaniram Pawar (Died)

DRT27 Jan 2026OA/174/2022

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed the bank's application for recovery of a housing loan default. The court directed payment of the principal amount with reduced future interest at 8% p.a. and confirmed the bank's right to sell the mortgaged properties and issue a recovery certificate.

What did the court decide?

Order allowed; Defendants to pay Rs. 25,28,855/- with future interest @8% p.a.; Bank entitled to sell mortgaged properties; Recovery Certificate issued.

Canara Bank versus Ramrao Kaniram Pawar (Died) — Execution and Attachment | DRT (2026)

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Presented on: 01.03.2022 Registered on: 24.06.2022 Decided on: 27.01.2026 Duration: Y M D 03 10 26

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 174/2022

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TOTAL CLAIM AMOUNT – Rs. 25,28,855/-

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CANARA BANK,

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A Body Corporate constituted under the Banking companies (Acquisition & Transfer of Undertakings) Act, 1970, having its Head Office at 112 JC Road, Bangalore Karnataka State and one of its Branch At Plot No. 1, Sarada Arcade, Friends Colony, Railway Station Road, Aurangabad – 01, through its Chief Manager Mr. Ravikumar Krishnaiah D.

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… Applicant

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Versus

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1. Ramrao Kaniram Pawar, (died), Through his Legal Heirs, i) Mrs. Kamal Wid/o Ramrao Pawar Age: 52 years, Occ.: Household, R/o.: Flat No. B-01, Akshad Nagar, Plot No. 1 to 32, Gut No. 53, Shendra Jahangir, Tal. & Dist. Aurangabad.

(OA No.174/2022)

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[AMBADAS]

ii) Mr. Satish s/o Ramrao Pawar Age: 32 years, Occ.: Business, R/o.: At Malegaon, Post Jaipur, Tal. Mantha, Dist. Jalna – 431504.

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iii) Kalpesh s/o Ramrao Pawar

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Age: 27 years, Occ.: Business, R/o.: At Malegaon, Post Jaipur, Tal. Mantha, Dist. Jalna – 431504.

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2. Mrs. Kamal Wid/o Ramrao Pawar

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Age: 52 years, Occ.: Household, R/o.: Flat No. B-01, Akshad Nagar, Plot No. 1 to 32, Gut No. 53, Shendra Jahangir, Tal. & Dist. Aurangabad.

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3. Mr. Satish s/o Ramrao Pawar

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Age: 32 years, Occ.: Business, R/o.: At Malegaon, Post Jaipur, Tal. Mantha, Dist. Jalna – 431504.

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…Defendants

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APPEARANCES

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Mr. Sameer J. Pande -Advocate Ex-parte

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For the Applicant For Defendants

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JUDGMENT Delivered on 27.01.2026

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The Applicant Bank has filed the present application for the

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recovery of a sum of Rs. 25,28,855/- (Rupees Twenty Five Lacs,

(OA No.174/2022)

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[AMBADAS]

Twenty Eight Thousand, Eight Hundred and Fifty Five only), along with future interest from the date of filing of the Original Application, i.e., 01.03.2022, 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 No. 1 (Now deceased) to 3 approached and requested the Applicant Bank for Housing loan facility. Upon considering the request and financial needs of the Defendants, the Applicant Bank sanctioned Housing loan facility of Rs. 23,50,000/- vide sanction letter dated 29.03.2019 on certain terms and conditions. The agreed rate of interest for the aforesaid loan was @8.65% p.a. with monthly 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.

(OA No.174/2022)

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[AMBADAS]

These included sanction letter, registered mortgage deed dated

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30.04.2019 and housing loan agreement, demand promissory

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notes, 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 Defendants executed registered mortgage deed dated 30.04.2019 in favor of the applicant bank.

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The mortgage was created in respect of the following properties:

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i) All that piece and parcel of Flat No. B-1, 1^st Floor, admeasuring 37.35 Sq. Meter, of Akshad Nagar, constructed on Plot No. 1 to 32 part of Gut No. 53 of village Shendra Jahangir, Tal and Dist. Aurangabad, owned and possessed by defendant No. 1 & 2, which is bounded as under:

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East: Flat No. A-2, West: Flat No. B-2, North: Flat No. B-4, South: Mr. Kalayan Kachkure land/open to sky.

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ii) All that piece and parcel of Flat No. B-2, 1^st Floor, admeasuring 33.26 Sq. Meter, of Akshad Nagar, constructed on Plot No. 1 to 32 part of Gut No. 53 of village Shendra Jahangir, Tal and Dist. Aurangabad, owned and possessed by defendant No. 1 & 2, which is bounded as under:

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East: Flat No. B-1, West: Gut No. 97 land/open to sky,

(OA No.174/2022)

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[AMBADAS]

North: Flat No. B-3, South: Mr. Kalayan Kachkure land/open to sky.

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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. Therefore, on 02.02.2022 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 defendant No. 1 died and his legal heirs have been brought on record. The defendants failed to appear in matter though they

(OA No.174/2022)

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[AMBADAS]

were served through summons. Hence, the defendants were proceeded ex-parte as per Order dated 06.07.2023.

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The applicant Bank has filed Evidence Affidavit of evidence at Exhibit-4 of Mr. Ravikumar Krishnaiah D., Chief Manager of the applicant Bank and has produced on record the original loan transaction documents as Annexure A-1 to A-22 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 properties of the borrowers which are mortgaged in favour of the applicant bank.

(OA No.174/2022)

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[AMBADAS]

The applicant Bank has claimed future interest @8.65% p. a. from the date of filing i.e. 01.03.2022 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 @ 8% 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. 174/2022 is allowed with costs.

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(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 25,28,855/- (Rupees Twenty Five Lacs, Twenty Eight Thousand, Eight Hundred and Fifty Five only), along with future interest @ 8% per annum (simple) from the date of filing of the O.A. i.e. 01.03.2022 till full payment/realization of the amount mentioned in this operative order.

(OA No.174/2022)

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[AMBADAS]

document at Annexure A-10 and A-13 in list of

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documents Exh. 5.

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i) All that piece and parcel of Flat No. B-1, 1^st Floor, admeasuring 37.35 Sq. Meter, of Akshad Nagar, constructed on Plot No. 1 to 32 part of Gut No. 53 of village Shendra Jahangir, Tal and Aurangabad, owned and possessed by defendant No. 1 & 2, which is bounded as under:

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East: Flat No. A-2, West: Flat No. B-2, North: Flat No. B-4, South: Mr. Kalayan Kachkure land/open to sky.

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ii) All that piece and parcel of Flat No. B-2, 1^st Floor, admeasuring 33.26 Sq. Meter, of Akshad Nagar, constructed on Plot No. 1 to 32 part of Gut No. 53 of village Shendra Jahangir, Tal and Aurangabad, owned and possessed by defendant No. 1 & 2, which is bounded as under:

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East: Flat No. B-1, West: Gut No. 97 land/open to sky, North: Flat No. B-3, South: Mr. Kalayan Kachkure land/open to sky.

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(D)

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

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(E) Issue Recovery Certificate accordingly.

(OA No.174/2022)

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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:.27.01.2026

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

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(OA No.174/2022)

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[AMBADAS]

Canara Bank v. Ramrao Kaniram Pawar (Died)

Case brief

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Canara Bank v. Ramrao Kaniram Pawar (Died)

Case brief

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