Allowed

Hdfc Bank v. Sunita Laxman Done

DRT19 Aug 2026OA/583/2025

Case brief

AI extract

What is this about?

In an original application for recovery of dues under an unpaid term loan, the Debts Recovery Tribunal allowed the bank's claim after the defendant failed to appear. The court awarded principal and future interest at a reduced rate, secured against hypothecated assets.

What did the court decide?

Defendant to pay principal and future interest at 7% per annum from 04.09.2025, secured by hypothecated assets, with a recovery certificate issued.

Hdfc Bank versus Sunita Laxman Done — Contract and Commercial Disputes | DRT (2026)

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Presented on: 04.09.2025 Registered on: 26.09.2025 Decided on: 19.08.2026 Duration: Y M D 00 11 15

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Shri Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 583/2025

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TOTAL CLAIM AMOUNT – Rs. 1,47,60,786.58/-

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HDFC Bank Ltd.,

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A Registered Company, Having its Registered Office at HDFC Bank House, Senapati Bapat Marg, Lower Parel, (West), Mumbai. And having its branch office at HDFC Bank Ltd., Shop No. 3, 4, 5, 6, Survey No. 4705, 31/1 MG Road Opp. Town Hall, Latur- 413512. Through its Authorized Signatory, And Power of Attorney Holder, Shri. Somnath Madhavrao Kanadje, Age: 32 Years, Occu: Service, R/o: C/o. HDFC Bank Ltd., Renuka Commercial Complex, Nirala Bazar, Chh. Sambhajinagar.

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… Applicant

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E-Mail: [email protected]

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Mobile No.: 9175948872.

(OA No. 583-2025)

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[Ambadas]

Versus

Sunita Laxman Done, … Defendant

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Age: Major, Occ. : Agri,

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R/o: A/P Flat No. 7, Krishna Paradise,

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Keshav Nagar, Dist. Latur- 413512. PAN: AXUPD1141J.

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E-mail ID: [email protected]

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Mobile No.: 9112455444.

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APPEARANCES

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For the Applicant Mr. Shete Umesh N. - Advocate For Defendant None

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J U D G M E N T Delivered on (19.08.2026)

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The Applicant Bank has filed the present application for recovery of the sum of Rs. 1,47,60,786.58/- (Rs. One Crore, Forty-Seven Lakhs, Sixty Thousand, Seven Hundred Eighty-Six and Fifty-Eight Paisa Only) together with interest with monthly

(OA No. 583-2025)

Page 2 of 8

[Ambadas]

rests in respect of Term Loan from 05.04.2025 till the full realization of the entire dues and costs from the Defendant.

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Brief facts of the application are as under:

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That the Defendant approached the Applicant Bank and requested for the sanction of Term Loan. Upon considering the Defendant’s representation, request and financial needs, the Applicant Bank sanctioned the Term Loan of Rs. 1,99,00,000/for the purpose of agriculture/ farm/ land development vide sanction letter dated 22.08.2022 on certain terms & conditions.

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The agreed rate of interest for the Term Loan was @9% p.a. with monthly rests.

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In order to secure the aforesaid Term Loan, the Defendant executed loan documents in favour of the Applicant Bank namely sanction letter, demand promissory note, request letter, hypothecation agreement, letter of undertaking etc.

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The Applicant Bank contended that, in order to secure the term loan, the Defendant executed a Agreement for term loan Cum

(OA No. 583-2025)

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[Ambadas]

Guarantee Cum Hypothecation dated 25.08.2022, in respect of the following hypothecation in favour of the Applicant Bank:

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Description of the Hypothecated assets:

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All agricultural produce present and future, drought and

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milch, cattle and other animals, birds and other livestock’s,

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tools equipment’s machines, tractors, power tiller/

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tube well/ electric motor/ diesel engine and other movables.

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The Applicant Bank further contended that the Defendant has failed to keep her promises and commitments agreed by her with regard to due repayment of the loan amount. The Defendant 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 Defendant to pay with the agreed rate of interest thereon, but the Defendant failed and neglected to pay the same. The loan account of the Defendant became irregular and classified as NPA on

(OA No. 583-2025)

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[Ambadas]

02.01.2025. Therefore on 08.04.2025, the Applicant Bank issued legal notice to the Defendant through their Advocate. Despite service of Notice, the Defendant failed and neglected to repay the outstanding dues of the Applicant Bank. Hence, this application is filed.

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Adv. Namdev D. Kendre appeared for the defendant and files his Vakaltnama but did not file WS. within statutory period. Hence, the Defendant proceeded with No WS vide Order dated 04.05.2026.

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The Applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Mr. Somnath S/o. Madhavrao Kanadje, Officer of the Applicant Bank and has produced on record the original loan transaction documents as per Exh. AW-1/1 to AW-1/6 alongwith 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 Defendant failed to file written statement and did not

(OA No. 583-2025)

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[Ambadas]

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 future interest at @9% p.a. with monthly rests on loan from 05.04.2025 till the full realization of the entire dues and costs from the Defendant. However, considering the facts of the case, I am of the opinion that awarding future interest at @7% per annum (simple) on outstanding amount, it would be just and reasonable.

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Hence, I pass the following order.

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ORDER

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(A) Original Application No. 583/2025 is allowed with costs.

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(B) The Defendant shall pay to the Applicant Bank a sum of Rs. 1,47,60,786.58/- (Rs. One Crore, Forty-Seven Lakhs, Sixty Thousand, Seven Hundred Eighty-Six and FiftyEight Paisa Only) along-with future interest at @7% per annum (simple) from the date of filing of the

(OA No. 583-2025)

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[Ambadas]

Original Application, i.e., 04.09.2025, till full payment/ realization of the said amount.

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(C) The aforesaid adjudicated amount is secured by hypothecated asset in favour of the Applicant Bank vide document Exh. AW-1/4 in list of Documents Exh.5. The hypothecated assets are described as follows: All agricultural produce present and future, drought and milch, cattle and other animals, birds and other livestock’s, tools equipment’s, machines, tractors, power tiller/ tube well/

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electric motor/ diesel engine and other movables.

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(D) The Applicant Bank is entitled to sell the hypothecated assets/ articles/goods etc., to recover its dues. (E) Issue Recovery Certificate accordingly.

(OA No. 583-2025)

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[Ambadas]

(F) The Registrar is directed to send the copy of the Judgment and Recovery Certificate to the applicant and Defendant.

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(G) File be consigned to the record room.

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Sd/-

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Place : Aurangabad Date : 19.08.2026

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

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(OA No. 583-2025)

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Page 8 of 8

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[Ambadas]

Hdfc Bank v. Sunita Laxman Done

Case brief

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Hdfc Bank v. Sunita Laxman Done

Case brief

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