Allowed

Bank of Baroda v. M/S Sonawane and Sons Logistics through Its Proprietor Mr Sachin Ram Sonwane

DRT28 Apr 2026OA/279/2024

Case brief

AI extract

What is this about?

Bench allowed the applicant bank's recovery application pending ex parte. Defendants were ordered to pay outstanding dues on term, overdraft, and WCTL accounts with future interest, along with an order for recovery certificate.

What did the court decide?

Directed defendants to pay amounts outstanding in Term, Overdraft, and WCTL accounts jointly and severally with future interest, keep charges on hypothecated property, and issue recovery certificate.

Bank of Baroda versus M/S Sonawane and Sons Logistics through… — Banking and Recovery | DRT (2026)

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Page 1 of 4 O.A. No. 279/2024

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PRESENTED ON : 01.08.2024 REGISTERED ON : 31.08.2024

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Exh. No. 9

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BEFORE THE PO, DEBTS RECOVERY TRIBUNAL, NAGPUR Delivered by Pankaj Kumar

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O.A. No. 279/2024

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Bank of Baroda

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: Applicant

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A Body Corporate established under Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970 (Act no. V of 1970), having its Head Office at Mandvi, Baroda 390006, Gujarat state having its branch office at Manewada Branch, Hudkeshwar 1153, Ashirwada Nagar Mhalgi Nagar Square, Manewada Nagpur 440034, Phone No. 0712-2741931 Email - [email protected] IFSC CODE - BARBOMANEWA acting. through its one of the Principal Officer and power of attorney holder i.e. Chief Manager Anilkumar Jha, Aged about 54 years, ROSARB, Nagpur, who is having authority to sign and file the present O.A. and also act and represent the Bank.

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Versus

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1. M/s. Sonwane & Sons Logistics, : Defendant

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Through its Proprietor

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Mr. Sachin Ram Sonwane

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Aged about 34 Years, Occ. Business PAN No. ETSPS1764Q R/o Plot No. 78, Dulbhai Kachore

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Layout, Near Bank of Baroda, Manish

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Nagar, Nagpur - 440015

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2. Mr. Sachin Ram Sonwane

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Aged about 34 Years, Occ. Business

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PAN No. ETSPS1764Q R/o Plot No. 78, Dulbhai Kachore Layout, Near

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Bank of Baroda, Manish Nagar, Nagpur-440015

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Page 2 of 4 O.A. No. 279/2024

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Learned Counsel for Applicant	Adv. Ashwini Sakhare
Defendants Set Exparte On	01.05.2025

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JUDGMENT (Delivered on 28^th Day of April, 2026)

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This is an application filed by the applicant U/s 19 of RDB Act, 1993 against defendants for recovery of aggregate amount of Rs. 31,48,049/- with costs and future interest with monthly rests from the date of filing of O.A. till the date of realization as under:-

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A. An amount of Rs. 23,65,626.51 outstanding in Term Loan Account No. 31670600001313 with costs and future interest @11.05% p.a. with monthly rests from the date of filing of O.A. till the date of realization.

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B. An amount of Rs. 62,002.86 outstanding in Over Draft Loan Facility Account No. 31670400000099 with costs and future interest @10.35% p.a. with monthly rests from the date of filing of O.A. till the date of realization.

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C. An amount of Rs. 7,20,419.91 outstanding in WCTL Loan Account No. 31670600002635 with costs and future interest @9.25% p.a. with monthly rests from the date of filing of O.A. till the date of realization.

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Though, defendants were duly served with the suit summons vide Exh. 5 & 6, they failed to cause appearance before this Tribunal to defend their case despite granting several adjournments. Hence , the proceeding against defendants was set exparte on 01.05.2025.

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The applicant has filed its Claim Affidavit (Exh. 7) alongwith List of Documents (Exh. 8), annexing therewith 19 documents. The original

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Page 3 of 4 O.A. No. 279/2024

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documents therein are marked as Exh. AW-1/1 to AW-1/17. The applicant has stated in the O.A. as well as in claim affidavit that no penal interest has been charged in the Loan Accounts.

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Heard Learned counsel for the applicant.

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As stated supra, defendants remained exparte. The Evidence Affidavit coupled with the recitals in the documents viz. Exh. AW -1/1 to AW-1/17 marked on behalf of the applicant, clinches the claim of the applicant against defendants. There is no reason to disbelieve the evidence adduced on behalf of applicant. Hence, defendants are liable to pay, jointly and severally, the claim of the applicant with costs and future interest.

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Hence, it is ordered as under:-

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ORDER

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A] O.A. No. 279/2024 is allowed to the extent as under with costs.

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B] Defendants to pay jointly and severally to the applicant bank an amount of Rs. 23,65,626.51 (Rupees Twenty Three Lakh Sixty Five Thousand Six Hundred Twenty Six and Fifty One Paise Only) outstanding in Term Loan Account No. 31670600001313 with simple future interest @9% p.a. from the date of filing of O.A. till its realization.

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C] Defendants to pay jointly and severally to the applicant bank an amount of Rs. 62,002.86 (Rupees Sixty Two Thousand Two and Paise Eighty Six Only) outstanding in Over Draft Loan Facility Account No. 31670400000099 with simple future interest @9% p.a. from the date

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of filing of O.A. till its realization.

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Page 4 of 4 O.A. No. 279/2024

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D] Defendants to pay jointly and severally to the applicant bank an amount of Rs. 7,20,419.91 (Rupees Seven Lakh Twenty Thousand Four Hundred Nineteen & Paise Ninety One Only) outstanding in WCTL Loan Account No. 31670600002635 with simple future interest @9% p.a. from the date of filing of O.A. till its realization.

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E] It is also declared that charge of the outstanding dues is kept on hypothecated property of defendants as referred in Schedule-I annexed to the O.A. and as referred in Exh. AW-1/4 & Exh. AW-1/13.

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F] Issue Recovery Certificate accordingly.

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G] The Registrar is directed to send the copy of Judgment and Recovery Certificate to the parties to this O.A at once.

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Nagpur (Pankaj Kumar) Presiding Officer Date: 28.04.2026 Debts Recovery Tribunal Nagpur

Bank of Baroda v. M/S Sonawane and Sons Logistics through Its Proprietor Mr Sachin Ram Sonwane

Case brief

What is this about?

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Bank of Baroda v. M/S Sonawane and Sons Logistics through Its Proprietor Mr Sachin Ram Sonwane

Case brief

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What did the court decide?

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