In an unrebutted ex-parte recovery application filed by IDBI Bank Limited for an agricultural term loan, the Debts Recovery Tribunal allowed the claim and directed repayment along with interest, securing the debt against mortgaged land.
Payment of Rs. 21,26,733/- with interest at 7% p.a. from filing date; mortgaged property secured; 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: 31.07.2023 Registered on: 28.03.2024 Decided on: 13.03.2026 Duration: Y M D 02 07 13
IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD
(Before Shri Dr. J. R. Chauhan Presiding Officer)
ORIGINAL APPLICATION No. 237/2024
TOTAL CLAIM AMOUNT – Rs. 21,26,733/-
IDBI BANK LIMITED.,
A company incorporated under the
Companies Act, 1956 and a company within
the meaning of Section 2 (20) of the
Companies Act, 2013 (18 of 2013) and a banking company duly registered, within the
meaning of Banking Regulation Act, 1949, and having its registered office at IDBI Tower,
… Applicant
World Trade Centre Complex, Cuffe Parade, Mumbai- 400005 and through one of its
(OA No. 237-2024)
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[Ambadas]
Branch at Inderlal Tower, Vidya Nagar, Janata Raja Marg, Sangamner, Ahmednagar, Dist. Ahmednagar- 422605, Maharashtra, Through its Authorized Signatory- Mr. Vijaykumar S/o. Tukaram Nichit, Age: 40 Years, Occu: Service as AGM Recovery in Applicant Bank.
Email: [email protected].
Mob. No: 9096338787.
Versus
Age: Major, Occ: Agri/ household,
R/o: At Post: Ganeshwadi, Nimgaon-Jali,
Tal. Sangamner, Ahmednagar,
Dist. Ahmednaagar- 413714.
And also;
(OA No. 237-2024)
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[Ambadas]
Gut No. 813/2, At Village:
Nimgaon Jali, Tq. Ahmednagar,
Dist. Ahmednagar- 431714.
Age: Major, Occ: Agri/ Household, R/o: Lohare Road, At Post: Ganeshwadi,
At Post Nimgaon-Jali, Ashvi BK,
Tal. Sangamner, Ahmednagar,
Dist. Ahmednagar- 413714.
And also; Gut No. 813/2, At Village:
Nimgaon Jali, Tq. Ahmednagar, Dist: Ahmednagar- 431714.
Age: Major, Occ: Agri/Household,
R/o: At Post: Mali Gali, Rahuri Bk.
(OA No. 237-2024)
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Tal. Rahuri, Dist. Ahmednagar- 413705.
Age: Major, Occ: Agri,
R/o: Tanpure Galli, Rahuri New.
Tal. Rahuri, Dist. Ahmednagar- 413705.
Age: Major, Occ: Agri,
R/o: Near Gagangiri Ashram, Ganeshwadi,
Dist. Ahmednagar- 413714.
Age: Major, Occ: Agri,
R/o: At Aurangpur, At. Post-
Nimgaon-Jali, Dist. Ahmednagar- 413714.
(OA No. 237-2024)
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[Ambadas]
Age: Major, Occ: Agri,
R/o: Lohare Road, At Post, Nimgaon Jali,
Tal. Sangamner, Dist. Ahmednagar-
APPEARANCES
For the Applicant For the Defendant No. 1 For the Defendants No. 2 to 7 Ex-parte
Mr. Pathak Anirudha S- Advocate Mr. Sameer Daruwala- Advocate
J U D G M E N T
Delivered on (13.03.2026)
Brief facts of the application are as under:
(OA No. 237-2024)
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[Ambadas]
The agreed rate of interest for the Agricultural Term Loan Facility was as per Demand Promissory Note, Bank’s MCLR plus @2.45%, presently @11.50% p.a. with yearly rests. The present MCLR (Y) rate is @9.05% p.a., which varies from time to time.
(OA No. 237-2024)
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Defendant No. 2 is co-borrower and Defendant Nos. 3 to 7 are
the guarators of the said loan facility. The Defendant Nos. 1 and 2 executed a Registered Mortgage deed bearing Day Book No. SGM/761/2019 dated 12.03.2019 in respect of the following property in favour of the Applicant Bank:-
All the piece and parcels of land i.e. Agri Land at Gut No. 813/2, Admeasuring area 01 H 98 R situated at Nimgaon Jali, Tq. Sangamner, Dist: Ahmednagar and bounded as under:
East :- Lohare Nimgaon Jali Road,
West :- Property of Maruti Kale,
North :- Property of Babasaheb Argade,
South :- Property of Deepak Sadaphal.
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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 23.03.2023, the Applicant Bank issued recall notice to the Defendants through their Advocate. Despite service of Notice, the Defendants failed and neglected to repay the outstanding dues of the Applicant Bank. Hence, this application is filed.
(OA No. 237-2024)
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Applicant Bank and has produced on record the original loan transaction documents as Annex. A-1 to A-14 along-with list of documents Exh.5, which corroborates the case of the Applicant Bank.
Hence, I pass the following order.
(OA No. 237-2024)
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[Ambadas]
ORDER
(B) The Defendants shall pay jointly and severally to the Applicant Bank a sum of Rs. 21,26,733/- (Rs. TwentyOne Lakhs, Twenty-Six Thousand, Seven Hundred and Thirty-Three Only), along-with future interest at @7% per annum (simple) from the date of filing of the Original Application, i.e., 31.07.2023, till full payment/ realization of the said amount.
(C) The aforesaid adjudicated amount is secured by mortgage of immovable property in favour of the Applicant Bank vide documents Annex- A-6 in list of documents Exh.5. The property is described as follows:-
All the piece and parcels of land i.e. Agri. Land at Gut No. 813/2, Admeasuring area 01 H 98 R situated at Nimgaon Jali, Tq. Sangamner, Dist: Ahmednagar and
(OA No. 237-2024)
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bounded as under:
East :- Lohare Nimgaon Jali Road,
West :- Property of Maruti Kale,
North :- Property of Babasaheb Argade,
South :- Property of Deepak Sadaphal.
(G) File be consigned to the record room.
Sd/-
(Dr. J. R. Chauhan) Place : Aurangabad Presiding Officer Date : 13.03.2026 Debts Recovery Tribunal, Aurangabad
(OA No. 237-2024)
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IDBI Bank Limited.
Sau. Alka W/o. Kisan Kale
Mrs. Suvarna W/o. Govind Kale
Mrs. Minabai W/o. Janardan Kale
Mr. Changadev S/o. Janardan Kale
Mr. Santosh S/o. Namdev Dangale
Dr. J. R. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
