Allowed

Bank of India v. Mr. Dhananjay Balkrishna Dandgaval

DRT24 Mar 2026OA/336/2025

Case brief

AI extract

What is this about?

In an Original Application filed by Bank of India for recovery of a term loan of Rs. 21,47,014.12, the Debts Recovery Tribunal allowed the application in ex-parte proceedings due to the non-appearance of the defendants, granting decree for the sum along with secured immovable property.

What did the court decide?

Decree for payment of Rs. 21,47,014.12 along with future interest at 7% p.a.; order for sale of mortgaged property; issue of Recovery Certificate.

Bank of India versus Mr. Dhananjay Balkrishna… — Contract and Commercial Disputes | DRT (2026)

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Presented on: 23.05.2025 Registered on: 03.05.2026 Decided on: 24.03.2026 Duration: Y M D 00 10 01

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 336/2025

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TOTAL CLAIM AMOUNT – Rs. 21,47,014.12/-

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Bank of India

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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 Bothan, Tq. Nandgaon, Dist. Nashik, through its Power of Attorney, Mr. Vitthal Onkar Chavan, Age: 38 yrs., Occ.: Service, R/o. Chh. Sambhajinagar.

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… Applicant

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Versus

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1. Mr. Dhananjay Balkrishna Dandgaval Age: Major, Occ.: Agri., R/o.: At Adgaon Post Jeur, Tq. Kannad, Dist. Chh. Sambhajinagar 431003.

(OA No.336/2025)

Page 1 of 8

[AMBADAS]

2. Mr. Ashok Gopinath Nikam

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Age: Major, Occ.: Agri., R/o.: At Adgaon Post Jeur, Tq. Kannad, Dist. Chh. Sambhajinagar 431003.

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…Defendants

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APPEARANCES

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For the Applicant Mr. K.D. Pande Advocate For Defendants Ex-parte

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JUDGMENT

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Delivered on 24.03.2026

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The Applicant Bank has filed the present application for the recovery of a sum of Rs. 21,47,014.12/- (Rupees Twenty One Lacs, Forty Seven Thousand, Fourteen and Twelve Paisa only), along with further interest from the date of filing of the Original Application, i.e., 23.05.2025, until the date of realization of the entire outstanding dues from the Defendants.

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Brief facts of the application are as under:

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That, the Defendant No. 1 had approached to the Applicant bank and requested to sanction Term loan facility. Upon considering the request and need of the defendants, the Applicant Bank sanctioned a Term loan of Rs. 2,50,000/- vide sanction letter

(OA No.336/2025)

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[AMBADAS]

dated 23.03.2007 on certain terms and conditions. The agreed rate of interest was @ 12.50% p.a. with half yearly rests. The defendant 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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In order to secure the aforesaid loan facility, the Defendant executed various loan documents in favour of the Applicant Bank, including the sanction letter, demand promissory notes, registered mortgage deed bearing daybook no. 1276 dated 23.03.2007. Additionally Defendant No. 2 stood as guarantor for Defendant No. 1 and executed a Deed of Guarantee dated 23.03.2007 in favour of the Applicant Bank.

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The Applicant Bank further contends that, in order to secure the Term Loan sanctioned to them, the Defendants created first charge over their immovable property by executing a registered mortgage deed bearing daybook no. 1276 dated 23.03.2007, in

(OA No.336/2025)

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[AMBADAS]

favour of the Applicant Bank. The mortgage was created in respect of the following property –

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All that piece and parcel of Agricultural land, admeasuring 1 H 42 R out of Gat No. 77, situated at Village Mungsapur, Tq. Kannad, Dist. Aurangabad, which is bounded as under: East :- Gayran, West :- Land of Kakasaheb Rokade, South: - Land of Lahanu Aashraba. North :- Land of Ashvinikumar.

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The applicant bank contended that the defendants have failed to keep their promise and commitments agreed by them with regard to 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 defendant became irregular and classified as NPA on 31.03.2018. Therefore on 19.02.2025 the applicant bank issued legal notice to the defendants through their advocate. Despite service of Notices, the

(OA No.336/2025)

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[AMBADAS]

defendants failed and neglected to repay the outstanding dues of the applicant Bank. Hence, this application is filed.

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The defendants failed to appear in matter though they were served through RPAD. Hence, the defendants were proceeded exparte as per Order dated 23.01.2026.

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The applicant Bank has filed Claim Affidavit of evidence at Exhibit-04 of Mr. Vitthal Onkar Chavan, POA of the applicant Bank, and has produced on record the original loan transaction documents as Exh. A-1 to A-16 as per list of documents Exh.05 which corroborates the case of the applicant Bank.

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I have heard arguments of the learned Advocate 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.

(OA No.336/2025)

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[AMBADAS]

The applicant Bank has claimed charge over immovable property of the borrower which is mortgaged in favour of the applicant bank.

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The applicant Bank has claimed future interest @12.75%per annum from the date of filing i.e. 23.05.2025 of this application till realization of the claim amount. However, considering the facts of the case, I am of the opinion that if future interest is granted @ 7% per annum (simple), it would be just and reasonable rate of interest.

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ORDER

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(A) Original Application No. 336/2025 is allowed with costs.

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(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 21,47,014.12/- (Rupees Twenty One Lacs, Forty Seven Thousand, Fourteen and Twelve Paisa only), along with future interest @ 7% per annum (simple) from the date of filing of the Original

(OA No.336/2025)

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[AMBADAS]

Application i.e. 23.05.2025 till full payment/realization of the amount mentioned in this operative order.

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following immovable property vide registered mortgage deed bearing daybook no. 1276 dated

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23.03.2007 at Exhibit A-4 in list of documents Exh. 5.

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(D) The applicant Bank is entitled to sell the mortgaged immovable property and hypothecated articles/goods etc., to recover its dues.

(OA No.336/2025)

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[AMBADAS]

(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/-

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Pronounced in open court. (Dr. J. R. Chauhan) Place: Aurangabad Presiding Officer Date:.24.03.2026 Debts Recovery Tribunal, Aurangabad

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(OA No.336/2025)

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Page 8 of 8

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[AMBADAS]

Bank of India v. Mr. Dhananjay Balkrishna Dandgaval

Case brief

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Bank of India v. Mr. Dhananjay Balkrishna Dandgaval

Case brief

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