Allowed

Indian Bank v. M/S Maa Bhadrakali Enterprises,through Its Proprietor Shri Pratik Neeraj Kohli

DRT1 Apr 2026OA/40/2025

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed a Section 19 recovery application filed ex-parte against respondents for outstanding loan dues. The tribunal adjusted penal interest and awarded claims with simple future interest alongside security declarations.

What did the court decide?

Recovery of outstanding dues totaling approximately Rs. 2.61 crore with simple future interest and issue of Recovery Certificate.

Indian Bank versus M/S Maa Bhadrakali Enterprises,through Its… — Banking and Recovery | DRT (2026)

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Page 1 of 5 O.A. No. 40/2025

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PRESENTED ON : 23.12.2024 REGISTERED ON : 18.01.2025

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BEFORE THE PO, DEBTS RECOVERY TRIBUNAL, NAGPUR Delivered by Pankaj Kumar O.A. No. 40/2025

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Indian Bank

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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 Zonal office at 1, Palm Road, Civil Lines, Nagpur- 440 001

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Having its Branch office known as Nagpur Branch,

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Kamala Bhavan, Cement Road,

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Dharampeth Extension, Nagpur – 440 010

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IFS Code: IDIB000N007

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E-mail : [email protected]

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Acting through its Power of Attorney

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Shri Jaysheel Sharma, Chief Manager

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Mobile No. 90263 71110

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Who is having authority to sign and file the present OA

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And also act and represent the Bank.

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Versus

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1. M/s. Maa Bhadrakali Enterprises,

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: Defendant

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Through its proprietor Shri Pratik Neeraj Kohli

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Aged about 35 years, Occ: Business,

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Plot no. 129-A, Maa Umiya Audyogik Sahakari

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Vasahat,

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PH No. 20, Kapsi, Tah. Kamptee,

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Dist. Nagpur- 440 008

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PAN – BWRPK2861H

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Also at :

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Survey No. 68/2, Kapsi Khurd, Near Pal Petrol

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Pump, Bhandara Road, Nagpur- 441 104

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Also at :

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370, Bhandara Road, Near S.K.Traders, Netaji Nagar, Pardi, Bhandewadi, Nagpur – 440 035

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Page 2 of 5 O.A. No. 40/2025

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2. Shri. Pratik Neeraj Kohli,

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Aged about 35 years, Occ: Business, Plot no. 129-A, Maa Umiya Audyogik Sahakari Vasahat, PH No. 20, Kapsi, Tah. Kamptee, Dist. Nagpur- 440 008 PAN – BWRPK2861H Also at : Survey No. 68/2, Kapsi Khurd, Near Pal Petrol Pump, Bhandara Road, Nagpur- 441 104 Also at : 370, Bhandara Road, Near S.K.Traders, Netaji Nagar, Pardi, Bhandewadi, Nagpur – 440 035

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3. Mrs. Deepika Pratik Kohli

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Aged about 35 years, Occ: Business, Survey No. 68/2, Kapsi Khurd, Near Pal Petrol Pump, Bhandara Road, Nagpur- 441 104 PAN : DMYPK5868R Also at :

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370, Bhandara Road, Near S.K.Traders, Netaji Nagar, Pardi, Bhandewadi, Nagpur – 440 035

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Learned Counsels for Applicant	Adv. S.N. Kumar
	Adv. P.P. Joshi
Defendants Set Exparte On	28.11.2025

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JUDGMENT (Delivered on 01^st 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. 2,61,90,342/- with costs and future interest with monthly rests from date of filing Of O.A. till its realization as under : -

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Page 3 of 5 O.A. No. 40/2025

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A. An amount of Rs. 2,14,04,686/- outstanding in Open Cash Credit Loan Account No. 6383416894 with costs and future interest @16% 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. 36,07,241/- outstanding in GECLS Loan Account No. 7133191684 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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C. An amount of Rs. 11,78,415/- outstanding in Home Loan Account No. 6810388168 with costs and future interest @9.10% 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 as per Diary No.5549/2025, 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 28.11.2025.

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The applicant has filed its Claim Affidavit alongwith List of Documents, annexing therewith 42 documents. The original documents therein are marked as Exh. AW-1/1 to AW-1/38 vide Diary No 1688/2026. The applicant has stated in the O.A. as well as in claim affidavit that penal interest of Rs. 24,921/- has been charged in the Open Cash Credit Loan Account No. 6383416894, Rs. 422/- has been charged in the GECLS Loan Account No. 7133191684 and no penal interest charged in the Home Loan Account No. 6810388168.

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Heard Learned counsel for the applicant.

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Page 4 of 5 O.A. No. 40/2025

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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-1/38 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. However, I am not inclined to allow the penal interest of Rs. 24,921/- charged in the Open Cash Credit Loan Account No. 6383416894, Rs. 422/- charged in the GECLS Loan Account No. 7133191684.

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Hence, it is ordered as under:-

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ORDER

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A] O.A. No. 40/2025 is allowed to the extent as under with costs.

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B] Defendant Nos. 1 and 2 to pay jointly and severally to the applicant bank an amount of Rs. 2,13,79,765/- (Rupees Two Crore Thirteen Lakh Seventy Nine Thousand Seven Hundred Sixty Five Only) outstanding in Open Cash Credit Loan Account No. 6383416894 with simple future interest @9% p.a. from the date of filing of O.A. till its realization.

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C] Defendant Nos. 1 and 2 to pay jointly and severally to the applicant bank an amount of Rs. 36,06,819/- (Rupees Thirty Six Lakh Six Thousand Eight Hundred Nineteen Only) outstanding in GECLS Loan Account No. 7133191684 with simple future interest @9% p.a. from the date of filing of O.A. till its realization.

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Page 5 of 5 O.A. No. 40/2025

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D] Defendant No. 2 and 3 to pay jointly and severally to the applicant bank an amount of Rs. Rs. 11,78,415/- (Rupees Eleven Lakh Seventy Eight Thousand Four Hundred Fifteen Only) outstanding in Home Loan Account No. 6810388168 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 declared that outstanding dues are secured by mortgaged immovable properties of defendant no. 2 & 3 as described in ScheduleI in O.A and as referred in Exh. AW-1/34 & AW-1/35.

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F] It is declared that charge of outstanding dues is kept on hypothecated goods of defendant no. 1 as described in Schedule-II in O.A and as referred in Exh. AW-1/3, Exh. AW-1/8, Exh. AW-1/13, Exh. AW-1/21, Exh. AW-1/25, Exh. AW-1/30.

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G] Issue Recovery Certificate accordingly.

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H] 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

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Date: 01.04.2026

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(Pankaj Kumar) Presiding Officer Debts Recovery Tribunal Nagpur

Indian Bank v. M/S Maa Bhadrakali Enterprises,through Its Proprietor Shri Pratik Neeraj Kohli

Case brief

What is this about?

What did the court decide?

Indian Bank v. M/S Maa Bhadrakali Enterprises,through Its Proprietor Shri Pratik Neeraj Kohli

Case brief

What is this about?

What did the court decide?

What the court decided

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