Allowed

Uco Bank v. Sanjay Vitthal Baviskar

DRT6 Aug 2026OA/440/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's original application seeking recovery of an outstanding loan amount of Rs. 32.33 lakhs plus future interest. The court observed that the defendants failed to answer the application and upheld the unrebutted evidence of the bank, granting relief for the principal, reduced future interest, and rights to sell mortgaged property.

What did the court decide?

The defendants to pay Rs. 32,33,571.40/- plus future interest @ 8% per annum from 27.01.2024; the applicant is entitled to sell mortgaged property to recover dues.

Uco Bank versus Sanjay Vitthal Baviskar — Consumer Protection | DRT (2026)

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Presented on: 27.01.2024 Registered on: 13.06.2024 Decided on: 06.08.2026 Duration: Y M D 02 06 09

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 440/2024

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TOTAL CLAIM AMOUNT – Rs. 32,33,571.40/-

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UCO Bank, A body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act 1970, having its Head Office at 10 BTM, Sarani Road Kolkata, Branch Office at Bhusawal Dist. Jalgaon, is maintaining an account in which debt claimed is outstanding, through its Chief Manager Shailesh Kumar Gupta s/o. Rajendra Prasad Age: 41 years, Occ.: Service as a Chief Manager of the UCO Bank Branch at Bhusawal, R/o. Bhusawal, Tq. Bhusawal, Dist. Jalgaon.

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Versus

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… Applicant

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1. Sanjay S/o. Vitthal Baviskar

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Age: 57 years, Occupation: Service as a Professor In Dadasaheb D.N. Bhole College, Timber Market, Bhusawal, Dist. Jalgaon. R/o.: 224/5/2, Plot No. 6A, Narayan Nagar-3,

(OA No.440/2024)

Page 1 of 9

[AMBADAS]

Behind Hero Honda Show Room Jalgaon Road, Bhusawal, Tq. Bhusawal, Dist. Jalgaon. And

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Village Sakegaon, Tq. Bhusawal, Dist. Jalgaon 425201.

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2. Sunita W/o. Sanjay Baviskar

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Age: 53 years, Occupation: Household, R/o.: 224/5/2, Plot No. 6A, Narayan Nagar-3, Behind Hero Honda Show Room Jalgaon Road, Bhusawal, Tq. Bhusawal, Dist. Jalgaon. And Village Sakegaon, Tq. Bhusawal, Dist. Jalgaon 425201.

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…Defendants

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APPEARANCES

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For the Applicant For Defendants

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Mr. M. M. Ambhore -Advocate Ex-parte

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JUDGMENT Delivered on 06.08.2026

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The Applicant Bank has filed the present application for the recovery of a sum of Rs. 32,33,571.40/- (Rupees Thirty Two Lacs, Thirty Three Thousand,, Five Hundred Seventy One and Forty Paisa only), along with future interest from the date of filing of the

(OA No.440/2024)

Page 2 of 9

[AMBADAS]

Original Application, i.e., 27.01.2024, 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 approached and requested the Applicant Bank under the scheme of UCO Home Loan Facilities. Upon considering the request and financial needs of the Defendant, the Applicant Bank sanctioned amount of Rs. 21,00,000/- vide sanction letter dated 17.02.2018 on certain terms and conditions. The agreed rate of interest for the aforesaid loan facility was @8.45% p.a. 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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Thereafter, The Defendant No. 1 again approached and requested the Applicant Bank under the scheme of UCO Home Loan Facilities. Upon considering the request and financial needs of the Defendants, the Applicant Bank sanctioned amount of Rs.

(OA No.440/2024)

Page 3 of 9

[AMBADAS]

11,50,000/- vide sanction letter dated 17.03.2018 on certain

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terms and conditions. The agreed rate of interest for the aforesaid loan facility was @8.45% p.a. 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 facilities, the Defendants executed various loan documents in favour of the Applicant Bank. These included sanction letters, registered mortgage deed bearing daybook No. 1292/2018 dated 20.03.2018, letter of undertaking, demand promissory notes, letter of continuity & hypothecation agreements. Additionally defendant No. 2 stood as guarantor for defendant No. 1 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 facilities, the Defendants No. 1 & 2 created first

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charge over their immovable properties by executing mortgage

(OA No.440/2024)

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[AMBADAS]

deed bearing daybook No. 1292/2018 dated 20.03.2018 in favour

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of the Applicant Bank. The mortgage was created in respect of the

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following properties-

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All that piece and parcel of Survey No. 224/5/2, Plot No. 6 A, situated at Narayan Nagar-1, at Sakegaon, Tq. Bhusawal, Dist Jalgaon, admeasuring an area 140.26 Sq. meter out of East North corner No. 1, admeasuring area 103.03 Sq. mtr. i.e. Ground Floor area 54.645 sq. mtr. And First Floor area – 48.39 Sq. Meter, which is bounded as under: East: S. No. 224/5/3, West: Remaining portion of same plot, North: 9 mtr. Wide road, North: Plot No. 6B.

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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 29.09.2021. Therefore, the applicant bank issued legal notice to the defendants through their

(OA No.440/2024)

Page 5 of 9

[AMBADAS]

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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The defendants appeared in matter but failed to file written statement. Hence, the right of defendants to file written statement stands closed as per Order dated 17.04.2026.

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The applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Shri. Shailesh Kumar Gupta, Chief Manager of the applicant Bank, and has produced on record the original loan transaction documents as Annexure A-1 to A-13 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 file Written Statement 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.440/2024)

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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 @8.45% p. a. from the date of filing i.e. 27.01.2024 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 @ 8% per annum (simple) on outstanding amount, it would be just and reasonable rate of interest.

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ORDER

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(A) Original Application No. 404/2024 is allowed with costs.

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(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 32,33,571.40/- (Rupees Thirty Two Lacs, Thirty Three Thousand,, Five Hundred Seventy One and Forty Paisa only), along with future interest @

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8% per annum (simple) from the date of filing of the O.A.

(OA No.440/2024)

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[AMBADAS]

i.e. 27.01.2024 till full payment/realization of the

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amount mentioned in this operative order.

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(C) The aforesaid adjudicated amount is secured by the mortgage of the following immovable properties vide document at Annexure A-5 in list of documents Exh. 5.

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East: S. No. 224/5/3, West: Remaining portion of same plot, North: 9 mtr. Wide road, North: Plot No. 6B.

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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.

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(E) Issue Recovery Certificate accordingly.

(OA No.440/2024)

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[AMBADAS]

(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. Place: Aurangabad Date:.06.08.2026

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(Dr. J. R. Chauhan) Presiding Officer Debts Recovery Tribunal, Aurangabad

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(OA No.440/2024)

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Page 9 of 9

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[AMBADAS]

Uco Bank v. Sanjay Vitthal Baviskar

Case brief

What is this about?

What did the court decide?

Uco Bank v. Sanjay Vitthal Baviskar

Case brief

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