Allowed

State Bank of India v. Yogesh Rohidas Mali

DRT13 Jan 2026OA/183/2024

Case brief

AI extract

What is this about?

State Bank of India filed an original application under the DRT for recovery of a defaulted personal loan of Rs. 23,71,169/- along with future interest. The defendant appeared ex-parte. The tribunal allowed the application and directed recovery from the defendant's salary and other employment benefits.

What did the court decide?

Recovery of Rs. 23,71,169/- along with future interest @ 8% per annum (simple) from the filing date, secured from the defendant's salary and other employment benefits.

State Bank of India versus Yogesh Rohidas Mali — Contract and Commercial Disputes | DRT (2026)

¶1

Presented on: 12.10.2023 Registered on: 15.03.2024 Decided on: 13.01.2026 Duration: Y M D 02 03 01

¶2

IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 183/2024

¶3

TOTAL CLAIM AMOUNT – Rs. 23,71,169/-

¶4

State Bank of India (SARB),

¶5

is a body corporate constituted under the State Bank of India (SARB), Act, 1955 having a SME Branch, at Tuljapur, through its Manager, through Mr. Sunil Dutt S/o. Jagdish Chandar, Manager, (City Case Officer), SARB, Aurangabad. Age: 51 yrs., Occ.: Service, R/o.: Aurangabad.

¶6

…Applicant

¶7

Versus

¶8

Yogesh Rohidas Mali, Age: Major, Occ.: Business, R/o.: Hivara Kandari, Tq. Badnapur, Dist. Jalna 431203.

¶9

…Defendant.

¶10

APPEARANCES

¶11

For the Applicant Mr. A. L. Muley -Advocate For Defendant Ex-parte

(OA No.183/2024)

Page 1 of 7

[AMBADAS]

JUDGMENT

Delivered on 13.01.2026

¶17

The Applicant Bank has filed the present application for the recovery of a sum of Rs. 23,71,169/- (Rupees Twenty Three Lacs, Seventy One Thousand, One Hundred and Sixty Nine only), along with further interest from the date of filing of the Original Application, i.e., 12.10.2023, until the date of realization of the entire outstanding dues from the Defendant.

¶18

Brief facts of the application are as under:

¶19

The Applicant Bank states that the Defendant had approached and requested the Applicant Bank for Personal loan under Xpress Credit Facility. Upon considering the request and financial needs of the Defendant, the Applicant Bank sanctioned Personal loan of Rs. 21,75,000/- vide arrangement letter dated 22.09.2022 on certain terms and conditions. The agreed rate of interest for aforesaid loan facility was @ 11.80% per annum with monthly rests. The Defendant also agreed to pay additional interest @2%

(OA No.183/2024)

Page 2 of 7

[AMBADAS]

by way of liquidated damages in the event of any default in

¶24

repayment.

¶25

In order to secure the aforesaid loan facility, the Defendant executed various loan documents in favour of the Applicant Bank. These included arrangement letter, personal loan agreement, letter of undertaking etc.

¶26

The Applicant Bank further contends that, in order to secure the aforesaid loan facility, the Defendant executed personal loan agreement, dated 23.09.2022, in favour of the Bank. By virtue of the said instructions, the Bank is authorized to collect and receive any amounts payable towards the Defendant’s provident fund, gratuity, pension, or any other similar dues.

¶27

The applicant bank contended that the defendant has failed to keep his promise and commitments agreed by him with regard to due repayment of the loan amount. The defendant 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.

(OA No.183/2024)

Page 3 of 7

[AMBADAS]

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 24.09.2020. Therefore, on 11.09.2023 the applicant bank issued legal Notice to the defendant. The defendant failed and neglected to repay the outstanding dues of the applicant Bank. Hence, this application is filed.

¶32

The defendant failed to appear in matter though he was served through paper publication. Hence, the defendant was proceeded ex-parte as per Order dated 18.12.2025.

¶33

The applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Mr. Sunil Dutt S/o. Jagdish Chandar, City Case Officer of the applicant Bank, and has produced on record the original loan transaction documents as Exh. A-1 to A-6 along with list of documentsExh.5 which corroborates the case of the applicant Bank.

(OA No.183/2024)

Page 4 of 7

[AMBADAS]

I have heard arguments of the learned Advocate for the applicant Bank.

¶38

Since the defendant failed to appear and to file the written statement and did not 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.

¶39

The applicant Bank has claimed charge over the Defendant’s salary and other employment-related benefits.

¶40

The applicant Bank has claimed future interest @ 11.80% p.a. from the date of filing i.e. 12.10.2023 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 @ 8% per annum (simple), it would be just and reasonable rate of interest.

¶41

ORDER

¶42

(A) Original Application No. 183/2024 is allowed with costs.

(OA No.183/2024)

Page 5 of 7

[AMBADAS]

(B) The defendant shall pay to the applicant Bank a sum of Rs. 23,71,169/- (Rupees Twenty Three Lacs, Seventy One Thousand, One Hundred and Sixty Nine only), along with future interest @ 8% per annum (simple) from the date of filing of the O.A. i.e. 12.10.2023 till full payment/realization of the amount mentioned in this operative order.

¶47

(C) The aforesaid adjudicated amount is secured by the Personal Loan Agreement dated 23.09.2022, under which the Applicant Bank is authorized to recover its dues from the Defendant’s salary and other employment-related benefits at Exh A-2 in list of documents Exh. 5.

¶48

(D) The applicant Bank is entitled to recover its dues as per document Exh. A-2 personal loan agreement.

¶49

(E) Issue Recovery Certificate accordingly.

(OA No.183/2024)

Page 6 of 7

[AMBADAS]

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

¶54

(G) File be consigned to the record room.

¶55

Sd/-

¶56

Pronounced in open court. Place: Aurangabad Date:.13.01.2026

¶57

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

¶58

(OA No.183/2024)

¶59

Page 7 of 7

¶60

[AMBADAS]

State Bank of India v. Yogesh Rohidas Mali

Case brief

What is this about?

What did the court decide?

State Bank of India v. Yogesh Rohidas Mali

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Punjab National Bank versus Rajendra Vishwanath Pathare

Punjab National Bank versus Vaishnavi Thibak Sinchan Upsa Sahakari Panipuravatha

Bank of Maharashtra versus Mr. Ramesh Baburao Kaduskar

Canara Bank versus M/S. Aadishree Construction

Maharastra Gramin Bank versus Smt.Yamunabai W/o Baban Sarode

Punjab National Bank versus Shreerang Dhondibhau Shelake