Debts Recovery Tribunal allowed Bank of India’s application for recovery of Rs. 32,39,058/- as loan dues unpaid by three respondents, granting 7% future interest and affirming charge over mortgaged agricultural land.
Pay Rs. 32,39,058/- with 7% future interest; recover dues by selling mortgaged property; issue Recovery Certificate.
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Presented on: 23.04.2025 Registered on: 02.05.2025 Decided on: 28.01.2026 Duration: Y M D 00 09 05
IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 333/2025
TOTAL CLAIM AMOUNT – Rs. 32,39,058/-
Bank of India
A Body Corporate constituted under the provisions of Banking Companies (Acquisition and Transfer of Undertakings) Act 1970, Having its Head Office at Star House, “C-5”, G-Block, Bandra Kurla Comples, Bandra (East), Mumbai and branches amongst the other places at Shirdi, Tq. Rahata, Dist. Ahmednagar, through its Power of Attorney, Mr. Vitthal Onkar Chavan, Age: 38 yrs., Occ.: Service, R/o. Chh. Sambhajinagar.
… Applicant
Versus
1. Mr. Bapusaheb Khanderao Ghorpade Age: Major, Occ.: Agri., R/o.: At Post Nandur, Tq. Rahata, Dist. Ahmednagar 423109.
(OA No.333/2025)
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[AMBADAS]
2. Mr. Harishchandra Pralhad Gore
Age: Major, Occ.: Agri., R/o.: At Post Nandur, Tq. Rahata, Dist. Ahmednagar 423109.
3. Mrs. Ranjana Bapusaheb Ghorpade Age: Major, Occ.: Agri., R/o.: At Post Nandur, Tq. Rahata, Dist. Ahmednagar 423109.
APPEARANCES
…Defendants
For the Applicant Mr. K.D. Pande Advocate For Defendants Ex-parte
JUDGMENT
Delivered on 28.01.2026
Brief facts of the application are as under:
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[AMBADAS]
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for Defendant No.1 and executed a Deed of Guarantee dated
12.06.2015 in favour of the Applicant Bank.
favour of the Applicant Bank. The mortgage was created in respect of the following property –
All that piece and parcel of Agricultural land, admeasuring 2 H 18 R out of Gat No. 54, situated at Village Nandur (Bk.), Tq. Rahata, Dist. Ahmednagar, which is bounded as under: East :- Gat No. 40, West :- Gat No. 53, North :- Gat No. 39, South: - Gat No. 56.
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[AMBADAS]
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 defendant became irregular and classified as NPA on 13.06.2018. Therefore on 15.03.2025 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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[AMBADAS]
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ORDER
(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 32,39,058/- (Rupees Thirty Two Lacs, Thirty Nine Thousand and Fifty Eight only), along with future interest @ 7% per annum (simple) from the date of filing of the Original Application i.e. 23.04.2025 till full payment/realization of the amount mentioned in this operative order.
(C) The aforesaid adjudicated amount is secured by the following immovable property vide registered mortgage deed bearing daybook no. 2247 dated 12.06.2015 at Exhibit A-10 in list of documents Exh. 5.
All that piece and parcel of Agricultural land, admeasuring 2 H 18 R out of Gat No. 54, situated at Village Nandur (Bk.), Tq. Rahata, Dist. Ahmednagar, which is bounded as under:
East :- Gat No. 40, West :- Gat No. 53, North :- Gat No. 39,
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[AMBADAS]
South: - Gat No. 56.
etc., to recover its dues.
Sd/Pronounced in open court. (Dr. J. R. Chauhan) Place: Aurangabad Presiding Officer Date:.28.01.2026 Debts Recovery Tribunal, Aurangabad
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[AMBADAS]
1 issue framed by the court
Whether the application for recovery of loan dues is maintainable.
Bank of India
Mr. Bapusaheb Khanderao Ghorpade
Mr. Harishchandra Pralhad Gore
Mrs. Ranjana Bapusaheb Ghorpade
Dr. J. R. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
