Allowed

Bank of India v. Mr. Krishna Tatyarao Borse

DRT27 Mar 2026OA/470/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's application for recovery of Rs. 25.54 lakhs plus 7% future interest and charges granted a recovery certificate over mortgaged agricultural land after the respondents defaulted on term and crop loans and did not appear in court.

What did the court decide?

Responseents to pay Rs. 25,54,744.04 with future interest at 7% p.a.; recovery certificate issued against mortgaged land.

Bank of India versus Mr. Krishna Tatyarao Borse — Banking and Recovery | DRT (2026)

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Presented on: 30.06.2025 Registered on: 07.08.2025 Decided on: 27.03.2026 Duration: Y M D 00 08 27

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 470/2025

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TOTAL CLAIM AMOUNT – Rs. 25,54,744.04/-

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Bank of India, A Body Corporate constituted under

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the provisions of Banking Companies (Acquisition and Transfer of Undertakings) Act 1970, Having its Head Office at Star House, “C-5”, G-Block, Bandra

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Kurla Comples, Bandra (East), Mumbai and branches amongst the other places at Bolthan, Tq. Nandgaon, Dist. Nashik, through its Power of Attorney, Mr. Vivek Kumar (Chief Manager) Age: 45 yrs., Occ.: … Applicant Service, R/o.: Deolali, Cantt. Nashik.

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Versus

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1. Mr. Krishna Tatyarao Borse Age: Major, Occ.: Agri., R/o.: At Post Shirodhi, Tq. Kannad, Dist. Chh. Sambhajinagar 431103.

(OA No.470/2025)

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[AMBADAS]

2. Mr. Tatya Gahuji Jadhav Age: Major, Occ.: Agri., R/o.: At Post Chinchkheda, Tq. Kannad, Dist. Chh. Sambhajinagar 431103.

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…Defendants

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APPEARANCES

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For the Applicant For Defendants

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Mr. K.D. Pande Advocate Ex-parte

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JUDGMENT

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Delivered on 27.03.2026

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The Applicant Bank has filed the present application for the recovery of a sum of Rs. 25,54,744.04/- (Rupees Twenty Five Lacs, Fifty Four Thousand, Seven Hundred Forty Four and Four Paisa only), along with further interest from the date of filing of the Original Application, i.e., 30.06.2025, 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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That, the defendant No. 1 had approached to the Applicant bank and requested to sanction Term Loan and Crop Loan. Upon considering the request and need of the defendants, the Applicant

(OA No.470/2025)

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[AMBADAS]

Bank sanctioned Term loan of Rs. 6,75,000/- another Term Loan

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of Rs. 75,000/- & Crop Loan of Rs. 50,000/- vide sanction letter dated 06.03.2014 on certain terms and conditions. The agreed rate of interest was @ 13.20% @12.95% & @10.20% p.a. respectively with monthly rests. The defendants 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 facilities, the Defendants executed various loan documents in favour of the Applicant Bank, including the sanction letter, hypothecation agreement, demand promissory note, registered mortgage deed bearing daybook no. 1638 dated 05.04.2014. Additionally Defendant No. 2 stood as guarantors for Defendant No.1 and executed a Deed of Guarantee in favour of the Applicant Bank.

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The Applicant Bank further contends that, in order to secure the Loan sanctioned to them, the Defendants created first charge over

(OA No.470/2025)

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[AMBADAS]

their immovable property by executing a registered mortgage

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deed bearing daybook no. 1638 dated 05.04.2014, in favour of the

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Applicant Bank. The mortgage was created in respect of the

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following property –

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All that piece and parcel of property agricultural land admeasuring 1 H 01 R out of Gat No. 239, situated at Village Aurale, Tq. Kannad, Dist. Chh. Sambhajinagar, which is bounded as under: East :- Land of Kantabai Suresh, West :- Land of Babasaheb Pagar, South:- Land of Vimlabai Uttam, North: - Land of Balu Kale.

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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

(OA No.470/2025)

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[AMBADAS]

irregular and classified as NPA on 07.05.2018. Therefore on 20.02.2025 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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The defendants failed to appear in matter though they were served through summons. Hence, the defendants were proceeded ex-parte as per Order dated 22.01.2026.

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The applicant Bank has filed Claim Affidavit of evidence at Exhibit-04 of Mr. Vivek Kumar, POA of the applicant Bank, and has produced on record the original loan transaction documents as Exh. A-1 to A-20 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

(OA No.470/2025)

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[AMBADAS]

applicant Bank. Therefore, the applicant Bank is entitled for the reliefs as claimed.

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

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The applicant Bank has claimed future interest @13.20%, @12.90 & @10.20% per annum on loans from the date of filing i.e. 30.06.2025 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) 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. 470/2025 is allowed with costs.

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(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 25,54,744.04/- (Rupees

(OA No.470/2025)

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[AMBADAS]

Twenty Five Lacs, Fifty Four Thousand, Seven Hundred Forty Four and Four Paisa only), along with future interest @ 7% per annum (simple) from the date of filing of the O.A. i.e. 30.06.2025 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 following immovable property vide registered documents at Exhibit A-14 in list of documents Exh. 5.

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All that piece and parcel of property agricultural land admeasuring 1 H 01 R out of Gat No. 239, situated at Village Aurale, Tq. Kannad, Dist. Chh. Sambhajinagar, which is bounded as under:

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East :- Land of Kantabai Suresh, West :- Land of Babasaheb Pagar, South:- Land of Vimlabai Uttam, North: - Land of Balu Kale.

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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.470/2025)

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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/Pronounced in open court. (Dr. J. R. Chauhan) Place: Aurangabad Presiding Officer Date:.27.03.2026 Debts Recovery Tribunal, Aurangabad

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(OA No.470/2025)

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[AMBADAS]

Bank of India v. Mr. Krishna Tatyarao Borse

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Bank of India v. Mr. Krishna Tatyarao Borse

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