Allowed

Idbi Bank v. Mr. Yogesh Rohidas Mali

DRT9 Jan 2026OA/201/2022

Case brief

AI extract

What is this about?

In this ex-parte order, the Debts Recovery Tribunal allowed the bank's application for recovery of a home loan. Finding defendants absent and evidence unrebutted, the court directed joint payment of the principal plus future interest at 8% p.a. and secured the debt via mortgaged property.

What did the court decide?

Joint and several payment of Rs. 31,02,371/- plus future interest at 8% p.a. (simple) from 03.03.2022 until full payment, secured by mortgaged property, with issuance of Recovery Certificate.

Idbi Bank versus Mr. Yogesh Rohidas Mali — Contract and Commercial Disputes | DRT (2026)

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Presented on: 03.03.2022 Registered on: 06.07.2022 Decided on: 09.01.2026 Duration: Y M D 03 10 06

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD

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(Before Shri Dr. J. R. Chauhan Presiding Officer)

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ORIGINAL APPLICATION No.201/2022

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TOTAL CLAIM AMOUNT – Rs. 31,02,371/-

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IDBI BANK LIMITED.

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A company incorporated under the

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Companies Act, 1956, and a company within

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the meaning of Section 2(20) of the

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Companies Act, 2013 (18 of 2013) and a

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banking company duly registered, within the

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meaning of Banking Regulation Act, 1949, and having its registered office at IDBI Tower,

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… Applicant

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World Trade Centre, Complex, Cuffe Parade,

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Mumbai- 400005 and through one of its

(OA No.201-2022)

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[Ambadas]

Branch at IDBI BANK Limited, through one of its Branch at Retail Asset Centre, Vidya Nagar, Jalna Road, Aurangabad- 431001, Through its Authorised Signatory and AGM Recovery, Mr. Sumit Vijaykumar Rodge, Age:- 38 Years, Occ:- Service, R/p: at present Aurangabad.

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Versus

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Mr. Yogesh Rohidas Mali, … Defendant’s Age: Major, Occupation: R/o: R/H-13, Happy House- II, G. No. 33/P, Paithan Road, Aurangabad- 431001. Mob: 9271714279 E-mail: [email protected]

(OA No.201-2022)

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[Ambadas]

Mrs. Bharati Yogesh Mali, R/o: R/H-13, Happy House- II, G. No. 33/P, Paithan Road,

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Aurangabad- 431001. Mob: 7577601245.

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APPEARANCES For the Applicant Mr. Pathak Anirudha S- Advocate For Defendants Ex-parte

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J U D G M E N T Delivered on (09.01.2026)

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The Applicant Bank has filed the present application for recovery of the sum of Rs. 31,02,371/- (Rs. Thirty-One Lakhs, Two Thousand, Three Hundred and Seventy-One Only) together with respective future interest with monthly rests upon Home Loan Facility from 26.10.2017 till the full realization of the entire

(OA No.201-2022)

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[Ambadas]

dues and costs from the Defendants.

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Brief facts of the application are as under:

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That the Defendants approached the Applicant Bank and requested for the sanction of a Home Loan Facility, Top up Home Loan facility and Insurance Premium loan. Upon considering the Defendant’s representation, request, and financial needs, the Applicant Bank sanctioned the Home Loan of Rs. 18,00,000/- to defendant No. 1 & 2 vide sanction letter dated 15.01.2018, Top up Home Loan facility of Rs. 6,50,000/- to defendant No. 1 & 2 dated 15.01.2018 and Insurance Premium Loan facility of Rs. 99,841/- to defendant No. 1 & 2 dated 22.01.2018 on certain terms & conditions.

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The agreed rate of interest for the Home Loan Facility was @8.35% per annum with monthly rests.

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In order to secure the aforesaid Home loan facility, the Defendants executed loan documents in favour of the Applicant Bank namely sanction letter, demand promissory note, request

(OA No.201-2022)

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[Ambadas]

letter, hypothecation agreement, letter of undertaking, equitable mortgage etc.

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The Applicant Bank contended that to secure the home loan facility, the Defendants equitable mortgaged his immovable property and created charge and security interest by executing Home Loan Agreement executed by defendant No. 1 dated 19.01.2018, Power of Attorney dated 19.01.2018 executed by defendant Nos. 1 & 2, Declaration cum undertaking dated 19.01.2018 and Deposit of title deed dated 19.01.2018 in favour of the Applicant Bank in respect of the following property:

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All the piece and parcel of the immovable property Row House No. 7, ‘G’, Sara Kruti, Hindustan Avas, Paithan Road, Aurangabad constructed on the land bearing survey No. 102, situated at village Nakshatrawadi, Tq and Dist. Aurangabad in the state/union territory of Maharashtra together with undivided in the land and all the structure thereon and bounded as follows:-

East :- Pathway,

(OA No.201-2022)

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[Ambadas]

West :- Side marginal space, South :- RH No. 8, North :- Side marginal space.

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The Applicant Bank further contended that the Defendants failed to keep their promises and commitments agreed by them with regard to the 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 27.09.2021, the Applicant Bank issued Authority letter to the Defendants through their Officer of the Applicant Bank. Despite service of Notice, 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 have been served through paper publication.

(OA No.201-2022)

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[Ambadas]

Despite service, the defendants neither appeared nor filed WS. Hence, they were proceeded ex-parte as per Order dated 26.03.2025.

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The Applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Shri. Sumit Vijaykumar Rodge, AGM of the Applicant Bank and has produced on record the original loan transaction documents as Annex. A-1 to A-20 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 Counsel 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 future interest at @8.35% per annum with monthly rests from 26.10.2017 till the full realization of the entire dues and costs from the Defendants. However, considering the facts of the case, I am of the opinion

(OA No.201-2022)

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[Ambadas]

that awarding future interest at @8% per annum (simple), it would be just and reasonable.

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Hence, I pass the following order.

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ORDER

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(A) Original Application No.201/2022 is allowed with costs.

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(B) The Defendants shall pay jointly and severally to the Applicant Bank a sum of Rs. 31,02,371/- (Rs. ThirtyOne Lakhs, Two Thousand, Three Hundred and Seventy-One Only) along-with future interest at @8% per annum (simple) from the date of filing of the Original Application, i.e., 03.03.2022, until full payment/ realization of the said amount.

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(C)

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(C) The aforesaid adjudicated amount is secured by an immovable property mortgaged in favour of the Applicant Bank through a Home Loan Agreement,

(OA No.201-2022)

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[Ambadas]

Power of Attorney, Declaration cum undertaking, and Deposit of title deed executed on 19.01.2018 vide documents marked as Annex. A-3 to A-6 and A-13 in list of documents Exh.5. The mortgaged property is described as follows:

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East :- Pathway, West :- Side marginal space, South :- RH. No. 8, North :- Side marginal space.

(OA No.201-2022)

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[Ambadas]

(D) The Applicant Bank is entitled to sell the aforesaid mortgaged immovable property and hypothecated articles/goods, 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 Defendants.

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(G) File be consigned to the record room.

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Sd/- (Dr. J. R. Chauhan) Place : Aurangabad Presiding Officer Date : 09.01.2026 Debts Recovery Tribunal, Aurangabad

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(OA No.201-2022)

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Page 10 of 10

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[Ambadas]

Idbi Bank v. Mr. Yogesh Rohidas Mali

Case brief

What is this about?

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Idbi Bank v. Mr. Yogesh Rohidas Mali

Case brief

What is this about?

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