The Debts Recovery Tribunal allowed the Bank of India's application for recovery of Rs. 34,79,350.33 owed by borrowers defaulting on secured term and crop loans, along with secured Properties.
Order allowed; Defendants to pay Rs. 34,79,350.33 with 9% simple interest from 25.03.2025; Charge on mortgaged properties enforced; Recovery Certificate issued.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Presented on: 25.03.2025 Registered on: 07.04.2025 Decided on: 14.01.2026 Duration: Y M D 00 09 19
IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 202/2025
TOTAL CLAIM AMOUNT – Rs. 34,79,350.33/-
Bank of India
A Body Corporate constituted under the provisions of Banking Companies (Acquisition and Transfer of Undertakings) Act V of 1970, Having its Head Office at Star House, “C-5”, G-Block, Bandra Kurla Comples, Bandra (East), Mumbai and branch amongst other places at Rajur (G.) Tq. Bhokardan, Dist. Jalna through its Power of Attorney, Mr. Vitthal Onkar Chavan, Age: 38 yrs., Occ.: Service, R/o. Chh. Sambhajinagar.
… Applicant
Versus
1. Mr. Vijay Vithoba Parihar, Age: Major, Occ.: Agri., R/o.: At Post Kumbharzari, Tq. Jafrabad, Dist. Jalna 431208.
(OA No.202/2025)
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2. Mr. Arun Ramkrishna Awakale, Age: Major, Occ.: Agri., R/o.: At Post Javkheda, Tq. Jafrabad, …Defendants Dist. Jalna 431208.
APPEARANCES
For the Applicant Mr. K.D. Pande Advocate For Defendants Ex-parte
JUDGMENT Delivered on 14.01.2026
the Applicant Bank sanctioned a Term loan of Rs. 10,00,000/- &
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Crop loan facility of Rs. 3,00,000/- vide sanction letter dated 01.08.2012 on certain terms and conditions. The agreed rate of interest was @ 14.50% p.a. with half yearly rests. The defendants also agreed to pay an additional interest by way of liquidated damages @ 2% p.a. in case of default in repayment.
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Applicant Bank. The mortgage was created in respect of the
following properties –
i) All that piece and parcel of Agricultural land, admeasuring 2 H 74 R out of Gat No. 80, situated at Village Kumbharzari, Tq. Jafrabad, Dist. Jalna, which is bounded as under: East :- Land of Dattasingh Atmaram Chavan, West :- Land of Rajendra Vithoba, South:- Land of River Purna, North: - Land of Tukaram Chavan.
ii) All that piece and parcel of Agricultural land, admeasuring 0 H 26 R out of Gat No. 53, situated at Village Kumbharzari, Tq. Jafrabad, Dist. Jalna, which is bounded as under: East :- Land of Ramkisan Rustum, West :- Land of Ganpat Ramrao, South:- Land of Vithoba Pawar, North: - Govt. Road.
(OA No.202/2025)
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rate of interest thereon, but the defendants failed and neglected to pay the same. The loan account of the defendant became irregular and classified as NPA on 30.06.2015. Therefore on 11.03.2025 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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applicant Bank. Therefore, the applicant Bank is entitled for the reliefs as claimed.
ORDER
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(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 34,79,350.33/- (Rupees Thirty Four Lacs, Seventy Nine Thousand, Three Hundred Fifty and Thirty Three Paisa only), along with future interest @9% per annum (simple) from the date of filing of the Original Application i.e. 25.03.2025 till full payment/realization of the amount mentioned in this operative order.
(C) The aforesaid adjudicated amount is secured by the following immovable properties vide registered mortgage deed bearing daybook no. 2062 dated 03.08.2012 at Exh. A-11 in list of documents Exh. 5.
i) All that piece and parcel of Agricultural land, admeasuring 2 H 74 R out of Gat No. 80, situated at Village Kumbharzari, Tq. Jafrabad, Dist. Jalna, which is bounded as under: East :- Land of Dattasingh Atmaram Chavan, West :- Land of Rajendra Vithoba, South:- Land of River Purna, North: - Land of Tukaram Chavan.
ii) All that piece and parcel of Agricultural land, admeasuring 0 H 26 R out of Gat No. 53, situated at
(OA No.202/2025)
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Village Kumbharzari, Tq. Jafrabad, Dist. Jalna, which is bounded as under: East :- Land of Ramkisan Rustum, West :- Land of Ganpat Ramrao, South:- Land of Vithoba Pawar, North: - Govt. Road.
etc., to recover its dues.
(F) The Registrar is directed to send the copy of the Judgment and Recovery Certificate to the applicant and defendants.
Sd/-
Pronounced in open court. (Dr. J. R. Chauhan) Place: Aurangabad Presiding Officer Date:.14.01.2026 Debts Recovery Tribunal, Aurangabad
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3 issues framed by the court
Whether the debt recovery tribunal should allow the application for recovery of loan amount and interest.
Whether the mortgage charges over the mortgaged properties are valid to secure the dues.
What rate of future interest is just and reasonable for the outstanding dues.
Bank of India
Mr. Vijay Vithoba Parihar
Mr. Arun Ramkrishna Awakale
Dr. J. R. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
