Allowed

Axis Bank v. Mr. Nanasaheb Namdevo Wadane

DRT22 May 2026OA/57/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's application for recovery of Rs. 25,89,435/- plus future interest at 7% p.a. for default on loan and overdraft facilities, treating the matter ex-parte as defendants did not appear.

What did the court decide?

Recovery of Rs. 25,89,435/- plus future interest @ 7% p.a. granted; mortgage properties adjudicated for security; recovery certificate issued.

Axis Bank versus Mr. Nanasaheb Namdevo Wadane — Contract and Commercial Disputes | DRT (2026)

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Presented on: 07.01.2025 Registered on: 27.01.2025 Decided on: 22.05.2025 Duration: Y M D 01 04 15

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 57/2025

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TOTAL CLAIM AMOUNT – Rs. 25,89,435/-

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AXIS Bank Ltd.

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A Body Corporate, constituted and established under the Companies Act 1956 and having its Registered Office at “Trishul” 3^rd Floor, Opp. Samartheshwsar Temple, Law Garden, Ellis Bridge, Ahmedabad, AND

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Its, Branch Office at “Shrivasta”, 65, Sarang Housing Society, New Gajanan Maharaj Mandir, Garkheda, Aurangabad. Through its Authorized Representative Mr. Nitin Bhausaheb Warule, Age: 32 Years, Occ.: Service having his address for communication at c/o. Axis Bank Ltd., “Shrivastava”, 65, Sarang Housing Society, Near Gajanan Maharaj Mandir, Garkheda, Aurangabad.

… Applicant

(OA No.57/2025)

Page 1 of 8

[AMBADAS]

Versus

1. Mr. Nanasaheb Namdeo Wadane, Age: 41 years, Occ.: Agri., R/o.: Mamdapur, Tal. Tuljapur, Dist. Osmanabad 413623.

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2. Mr. Suverna Nanasaheb Wadane,

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Age: 40 years, Occ.: Agri., R/o.: Mamdapur, Tal. Tuljapur, Dist. Osmanabad 413623.

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…Defendants

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APPEARANCES

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Mr. Pradeep B Kulkarni H/for Mr. M.D. Narwadkar -Advocate Ex-parte

For the Applicant

For Defendants

JUDGMENT

Delivered on 22.05.2026

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The Applicant Bank has filed the present application for the

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recovery of a sum of Rs. 25,89,435/- (Rupees Twenty Five Lacs, Eighty Nine Thousand, Four Hundred and Thirty Five only), along with further interest from the date of filing of the Original Application, i.e., 07.01.2025, until the date of realization of the entire outstanding dues from the Defendants.

(OA No.57/2025)

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[AMBADAS]

Brief facts of the application are as under:

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The Applicant Bank submits that Defendants approached the Applicant Bank with a request for financial assistance. Upon due consideration of the said request and the financial requirements of Defendants, the Applicant Bank was pleased to sanction Loan of Rs. 21,45,000/-, Overdraft Facility of Rs. 15,00,000/- & Overdraft Facility under Kisan Samarth Scheme of Rs. 6,45,000/vide sanction letter dated 07.10.2022 on certain terms and conditions. The agreed rate of interest for the aforesaid loan facilities was @12% p.a. with annual 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 facilities, the Defendants executed various loan documents in favour of the Applicant Bank. These included sanction letter, registered mortgage deed dated

(OA No.57/2025)

Page 3 of 8

[AMBADAS]

29.10.2022, demand promissory note, deed of hypothecation etc.,

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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 mortgage deed dated 29.10.2022 in favour of the applicant bank.

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The mortgage was created in respect of the following properties:

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A] All that piece and parcel of land Gut No. 239 (6.78 HA), situated

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in village Kemwadi, Tal. Tuljapur, Dist. Osmanabad.

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B] All that piece and parcel of land Gut No. 276 (6.64 HA), situated

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in village Kemwadi, Tal. Tuljapur, Dist. Osmanabad.

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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.

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Thereafter, the applicant bank repeatedly made demand of loan

(OA No.57/2025)

Page 4 of 8

[AMBADAS]

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 29.10.2024. Therefore, on 13.12.2024 the applicant bank issued recall Notice to the defendants. 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 duly served. Hence, the defendants were proceeded ex-parte as per Order dated 30.07.2025.

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The applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Nitin S/o. Bhausaheb Warule, Power of Attorney Holder of the applicant Bank, and has produced on record the original loan transaction documents as Annexure A to H along with list of documents Exh.5 which corroborates the case of the applicant Bank.

(OA No.57/2025)

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[AMBADAS]

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.

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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 @12% p. a. from the date of filing i.e. 07.01.2025 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. 57/2025 is allowed with costs.

(OA No.57/2025)

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[AMBADAS]

(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 25,89,435/- (Rupees Twenty Five Lacs, Eighty Nine Thousand, Four Hundred and Thirty Five only), along with future interest @ 7% per annum (simple) from the date of filing of the Original Application i.e. 07.01.2025 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 properties vide document at Annexure D in list of documents Exh. 5.

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A] All that piece and parcel of land Gut No. 239 (6.78

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HA), situated in village Kemwadi, Tal. Tuljapur, Dist.

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Osmanabad.

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B] All that piece and parcel of land Gut No. 276 (6.64 HA), situated in village Kemwadi, Tal. Tuljapur, Dist. Osmanabad.

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

(OA No.57/2025)

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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:.22.05.2026 Debts Recovery Tribunal, Aurangabad

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(OA No.57/2025)

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Page 8 of 8

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[AMBADAS]

Axis Bank v. Mr. Nanasaheb Namdevo Wadane

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Axis Bank v. Mr. Nanasaheb Namdevo Wadane

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