Allowed

Union Bank of India v. Mr. Datta Shankarrao Kadlag

DRT16 Jul 2026OA/373/2025

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed an original application filed by Union Bank of India against defendants for recovery of an agricultural term loan of Rs. 40,99,781/- along with interest at 7% per annum and a recovery certificate.

What did the court decide?

Payment of Rs. 40,99,781/- plus 7% simple interest; mortgage charge over listed lands; recovery certificate issued; direction to sell mortgaged property for dues.

Union Bank of India versus Mr. Datta Shankarrao Kadlag — Specific Performance | DRT (2026)

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Presented on: 11.06.2025 Registered on: 24.06.2025 Decided on: 16.07.2026 Duration: Y M D 01 01 05

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 373/2025

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TOTAL CLAIM AMOUNT – Rs. 40,99,781/-

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Union Bank of India,

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A Body Corporate constituted under the Banking companies (Acquisition & Transfer of Undertakings) Act, 1970, Having its Registered Office at 239, Vidhan Bhavan Marg, Nariman Point, Mumbai – 400021 & having branches amongst the other places at Ghulewadi, Tq. Sangamner, Dist. Ahmednagar, through its Authorized Officer, Mr. Sandeep Kumar Prabhakar Pawar (Branch Manager), Age: 50 yrs., Occ.: Service, R/o.: Ghulewadi, Tq. Sangamner, Dist. Ahmednagar.

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… Applicant

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Versus

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1. Mr. Datta Shankarrao Kadlag, Age: Major, Occ.: Agri., R/o.: At Post Jawale Kadlag, Tq. Sangamner, Dist. Ahmednagar 422605.

(OA No.373/2025)

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[AMBADAS]

2. Mr. Subhash Shankarrao Kadlag, Age: Major, Occ.: Agri., R/o.: At Post Jawale Kadlag, Tq. Sangamner, Dist. Ahmednagar 422605.

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3. Mrs. Pratibha Subhash Kadlag,

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Age: Major, Occ.: Agri., R/o.: At Post Jawale Kadlag, Tq. Sangamner, Dist. Ahmednagar 422605.

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4. Mr. Subhash Baban Deshmukh,

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Age: Major, Occ.: Agri., R/o.: At Post Jawale Kadlag, Tq. Sangamner, Dist. Ahmednagar 422605.

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5. Mr. Ashok Eknath Kadlag,

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Age: Major, Occ.: Agri., R/o.: At Post Jawale Kadlag, Tq. Sangamner, Dist. Ahmednagar 422605.

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…Defendants

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APPEARANCES For the Applicant Mr. Pratik S. Chandiwal - Advocate For Defendants Ex-parte

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JUDGMENT Delivered on 16.07.2026

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The Applicant Bank has filed the present application for the

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recovery of a sum of Rs. 40,99,781/- (Rupees Forty Lacs, Ninety

(OA No.373/2025)

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[AMBADAS]

Nine Thousand, Seven Hundred and Eighty One Only), along with future interest from the date of filing of the Original Application, i.e., 11.06.2025, 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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The Applicant Bank states that the Defendant No. 1 to 3 approached and requested the Applicant Bank for Term loan facility. Upon considering the request and financial needs of the Defendants, the Applicant Bank sanctioned Agricultural Term loan facility of Rs. 21,75,000/- vide sanction letter dated 27.06.2013 on certain terms and conditions. The agreed rate of interest for the aforesaid loan facility was @13% with monthly rests. The Defendants also agreed to pay additional interest @2% by way of liquidated damages in the event of any default in repayment.

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In order to secure the aforesaid loan facility, the Defendant No. 1 to 3 executed various loan documents in favour of the Applicant

(OA No.373/2025)

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[AMBADAS]

Bank. These included sanction letter, letter of undertaking,

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hypothecation agreement, demand promissory note, registered declaration (Anusuchi) u/s. 5(1) of The Maharashtra Provision of Facilities for Agriculture Credit by Banks Act, 1974 dated 11.03.2013. Additionally, defendant No. 4 and 5 stood as guarantors for defendant No. 1 to 3 and executed deeds of guarantee in favour of the applicant bank.

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The Applicant Bank further contends that, in order to secure the aforesaid loan facility, the Defendants executed registered declaration (Anusuchi) u/s. 5(1) of The Maharashtra Provision of Facilities for Agriculture Credit by Banks Act, 1974 dated 11.03.2013 in favour of the Applicant Bank. The mortgage was created in respect of following properties:

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i) All that piece and parcel of agricultural land admeasuring 0 H 46 R, out of Gut No. 141, situated at Village Gadakwadi, Tq. Rahuri, Dist. Ahmednagar, which is bounded as under: East: Gut No. 146, South: Gut No. 137, West: Gut No. 136, North: Gut No. 143.

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ii) All that piece and parcel of agricultural land admeasuring 1 H 08 R, P.K. 0 H 19 R out of Gut No. 146, situated at Village

(OA No.373/2025)

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[AMBADAS]

Gadakwadi, Tq. Rahuri, Dist. Ahmednagar, which is bounded as under: East: Gut No. 147, South: Gut No. 145, West: Gut No. 144, North: Gut No. 144.

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iii) All that piece and parcel of agricultural land admeasuring 0 H 47 R, P.K. 0 H 03 R out of Gut No. 148, situated at Village Gadakwadi, Tq. Rahuri, Dist. Ahmednagar, which is bounded as under:

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East: Gut No. 150, South: Gut No. 145, West: Gut No. 147, North: Gut No. 144.

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iv) All that piece and parcel of agricultural land admeasuring 0 H 30 R, P.K. 0 H 04 R out of Gut No. 134, situated at Village Gadakwadi, Tq. Rahuri, Dist. Ahmednagar, which is bounded as under:

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East: Gut No. 135, South: Gut No. 133, West: Mountain, North: Gut No. 136.

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v) All that piece and parcel of agricultural land admeasuring 0 H 20 R, out of Gut No. 142, situated at Village Gadakwadi, Tq. Rahuri, Dist. Ahmednagar, which is bounded as under: East: Gut No. 140, South: Gut No. 141, West: Gut No. 144, North: Gut No. 143.

(OA No.373/2025)

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[AMBADAS]

vi) All that piece and parcel of agricultural land admeasuring 1 H 75 R, P.K. 1 H 09 R out of Gut No. 133/2, situated at Village Gadakwadi, Tq. Rahuri, Dist. Ahmednagar, which is bounded as under:

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East: Land out of Gut No. 133/2, South: Mountain, West: Mountain, North: Land out of Gut No. 135.

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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 defendants became irregular and classified as NPA on 30.06.2018. Therefore on 26.11.2024, the applicant bank issued legal notice to the defendants through their advocate. Despite service of Notices, the

(OA No.373/2025)

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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 duly served. Hence, the defendants were proceeded ex-parte as per Order dated 13.01.2026.

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The applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Sandeep Kumar Prabhakar Pawar, Assistant Manager of the applicant Bank, and has produced on record the original loan transaction documents as Exh. A-1 to A-14 along with list of documents Exh.5 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 did not 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.373/2025)

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[AMBADAS]

The applicant Bank has claimed charge over immovable properties of the borrowers which are mortgaged in favour of the applicant bank.

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The applicant Bank has claimed future interest at contractual rates from the date of filing i.e. 11.06.2025 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. 373/2025 is allowed with costs.

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(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 40,99,781/- (Rupees Forty Lacs, Ninety Nine Thousand, Seven Hundred and Eighty One Only), along with interest @ 7% per annum (simple) from the date of filing of the O.A. i.e. 11.06.2025 till full payment/realization of the amount mentioned in this operative order.

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(C) The aforesaid adjudicated amount is secured by the mortgage of the following immovable property vide documents at Exhibit A-9 in list of documents Exhibit 5.

(OA No.373/2025)

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[AMBADAS]

i) All that piece and parcel of agricultural land admeasuring 0 H 46 R, out of Gut No. 141, situated at Village Gadakwadi, Tq. Rahuri, Dist. Ahmednagar, which is bounded as under:

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East: Gut No. 146, South: Gut No. 137, West: Gut No. 136, North: Gut No. 143.

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ii) All that piece and parcel of agricultural land admeasuring 1 H 08 R, P.K. 0 H 19 R out of Gut No. 146, situated at Village Gadakwadi, Tq. Rahuri, Dist. Ahmednagar, which is bounded as under:

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East: Gut No. 147, South: Gut No. 145, West: Gut No. 144, North: Gut No. 144.

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iii) All that piece and parcel of agricultural land admeasuring 0 H 47 R, P.K. 0 H 03 R out of Gut No. 148, situated at Village Gadakwadi, Tq. Rahuri, Dist. Ahmednagar, which is bounded as under:

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East: Gut No. 150, South: Gut No. 145, West: Gut No. 147, North: Gut No. 144.

(OA No.373/2025)

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[AMBADAS]

iv) All that piece and parcel of agricultural land admeasuring 0 H 30 R, P.K. 0 H 04 R out of Gut No. 134, situated at Village Gadakwadi, Tq. Rahuri, Dist. Ahmednagar, which is bounded as under:

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East: Gut No. 135, South: Gut No. 133, West: Mountain, North: Gut No. 136.

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v) All that piece and parcel of agricultural land admeasuring 0 H 20 R, out of Gut No. 142, situated at Village Gadakwadi, Tq. Rahuri, Dist. Ahmednagar, which is bounded as under:

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East: Gut No. 140, South: Gut No. 141, West: Gut No. 144, North: Gut No. 143.

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vi) All that piece and parcel of agricultural land admeasuring 1 H 75 R, P.K. 1 H 09 R out of Gut No. 133/2, situated at Village Gadakwadi, Tq. Rahuri, Dist. Ahmednagar, which is bounded as under:

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East: Land out of Gut No. 133/2, South: Mountain, West: Mountain, North: Land out of Gut No. 135.

(OA No.373/2025)

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[AMBADAS]

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

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(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/Pronounced in open court. (Dr. J. R. Chauhan) Place: Aurangabad Presiding Officer Date:.16.07.2026 Debts Recovery Tribunal, Aurangabad

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(OA No.373/2025)

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[AMBADAS]

Union Bank of India v. Mr. Datta Shankarrao Kadlag

Case brief

What is this about?

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Union Bank of India v. Mr. Datta Shankarrao Kadlag

Case brief

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