Allowed

Bank of Maharashtra v. Jivanrao Vishwanath Gore

DRT5 May 2026OA/65/2025

Case brief

AI extract

What is this about?

Bank of Maharashtra filed an original application for recovery of a loan defaulting on a Kisan Credit Card facility. The defendants failed to appear. The tribunal allowed the application, directing payment of the principal sum plus 7% simple interest per annum, with a right to realize dues from mortgaged properties.

What did the court decide?

Direct order to pay Rs. 70,90,405/- along with future interest at 7% per annum (simple) from 05.01.2025; declare right to realize dues from mortgaged properties and issue Recovery Certificate.

Bank of Maharashtra versus Jivanrao Vishwanath Gore — Contract and Commercial Disputes | DRT (2026)

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Presented on: 05.01.2025 Registered on: 30.01.2025 Decided on: 05.05.2026 Duration: Y M D 01 04 00

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 65/2025

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TOTAL CLAIM AMOUNT – Rs. 70,90,405/-

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Bank of Maharashtra , A Body Corporate constituted under the Banking Companies (Acquisition of Undertakings) Act 5 of 1970, carrying on banking business and having its Head Office at “Lokmangal”, 1501, Shivaji Nagar, Pune-411 005 and Zonal Office at Solapur and Branch at Osmanabad Main Branch, Taluka and District Dhara Shiv (Osmanabad). Through is Authorized Officer, Shri. Mahendra Kumar, Age: 45 years, Occ.: Service, Working as Branch Manager, Branch at Dhara Shiv (Osmanabad) Main Branch, Taluka and District Dhara Shiv (Osmanabad).

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… Applicant

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Versus

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1. Jivanrao Vishwanath Gore, Age: Major, Occ.: Agri., Address: Teachers Colony, behind Vitthal Rukmini Mandir, Barshi Naka Dhara Shiv, Taluka and District

(OA No.65/2025)

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[AMBADAS]

Dharashiv (Osmanabad).

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2. Vikas Shahuraj Ekhande, Age: Major, Occ.: Agri., Address: At Post Padoli, Dist. Dharashiv.

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3. Haridas Shahuraj Ekhande, Age: Major, Occ.: Agri., Address: At Post Padoli, Dist. Dharashiv.

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…Defendants

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APPEARANCES

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Mr. Atul A. Mishra -Advocate Ex-parte

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For the Applicant For Defendants

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JUDGMENT

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Delivered on 05.05.2026

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The Applicant Bank has filed the present application for the recovery of a sum of Rs. 70,90,405/- (Rupees Seventy Lacs, Ninety Thousand, Four Hundred and Five only), along with future interest from the date of filing of the Original Application, i.e., 05.01.2025, 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:

(OA No.65/2025)

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[AMBADAS]

The Applicant Bank states that the Defendant No. 1 had approached and requested the Applicant Bank to sanction Mahabank Kisan Credit Card (MKCC) facility. Upon considering the request and financial needs of the Defendant, the Applicant Bank sanctioned Mahabank Kisan Credit Card (MKCC) facility of Rs. 25,30,000/- vide, sanction letter dated 07.10.2005 on certain terms and conditions. The agreed rate of interest was @ 11.25% p.a. with quarterly rests. The Defendant also agreed to pay additional interest by way of liquidated damages in the event of any default in repayment.

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In order to secure the aforesaid loan facility, the Defendant executed various loan documents in favour of the Applicant Bank. These included sanction letter, demand promissory note, Declaration U/sec. 5 (1) of the Maharashtra Provision of Facilities For Agricultural Credit by Banks Act, 1974 executed Respondent No. 1 dated 07.12.2005 and hypothecation agreement etc. Additionally, defendant No. 2 & 3 stood as guarantors for

(OA No.65/2025)

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[AMBADAS]

defendant no. 1 and executed deed of guarantee on 07.10.2005 in

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favour of the Applicant Bank.

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The Applicant Bank further contends that, in order to secure the aforesaid loan facility, the Defendant executed Declaration U/sec.

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5 (1) of the Maharashtra Provision of Facilities For Agricultural Credit by Banks Act, 1974 executed by defendant No. 1 on dated

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07.12.2005 in respect of following properties:

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All that piece and parcel of property bearing Gut No. 94, Admeasuring 3 H 48 R, situated at Jadgawwadi, Tq. & District Dhara Shiv (Osmanabad). Bounded as under: East: Rambhau Pawar, West: Shesharao Pawar, North: Rambhau, Rukhate, South: Baban Deshmukh.

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All that piece and parcel of property bearing Gut No. 625/2, Admeasuring 2 H 28 R, situated at Jadgawwadi, Tq. & District Dhara Shiv (Osmanabad). Bounded as under: East: 625/3/4, West: 624, North: 625/3, South: 625/1.

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All that piece and parcel of property bearing Gut No. 625/4/3, Admeasuring 1 H 77 R, situated at Jadgawwadi, Tq. & District Dhara Shiv (Osmanabad). Bounded as under:

(OA No.65/2025)

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[AMBADAS]

East: Shahaji Deokate, West: Ramling Zade, North: Balasaheb Shinde, South: Ramling Zade.

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All that piece and parcel of property bearing Gut No. 670, Admeasuring 1 H 46 R, situated at Jadgawwadi, Tq. & District Dhara Shiv (Osmanabad). Bounded as under: East: Nilawati Zade, West: 671, North: Ramling Zade, South: Road.

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All that piece and parcel of property bearing Gut No. 671, Admeasuring 6 H 26 R, situated at Jadgawwadi, Tq. & District Dhara Shiv (Osmanabad). Bounded as under: East: Nilawati Zade, West: Ramling Zade, North: Shahaji Jadhav, South: Road.

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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

(OA No.65/2025)

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[AMBADAS]

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 31.03.2021. Therefore on 02.08.2024 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 publication. Hence, the defendants were proceeded ex-parte as per Order dated 08.01.2026.

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The applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Mahendra Kumar, Chief Manager of the applicant Bank, and has produced on record the original loan transaction documents as Exh. AW-1(1) to AW-1(9) along with list of documents Exh.5 which corroborates the case of the applicant Bank.

(OA No.65/2025)

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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 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 borrower 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. 05.01.2025 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. 65/2025 is allowed with costs.

(OA No.65/2025)

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[AMBADAS]

(B) The defendants shall pay jointly and severally to the applicant Bank a sum of 70,90,405/- (Rupees Seventy Lacs, Ninety Thousand, Four Hundred and Five only), along with future interest @ 7% per annum (simple) from the date of filing of the O.A. i.e. 05.01.2025 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 Exhibit AW-1(6) in the list of documents Exhibit 5.

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All that piece and parcel of property bearing Gut No. 94, Admeasuring 3 H 48 R, situated at Jadgawwadi, Tq. & District Dhara Shiv (Osmanabad). Bounded as under: East: Rambhau Pawar, West: Shesharao Pawar, North: Rambhau, Rukhate, South: Baban Deshmukh.

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All that piece and parcel of property bearing Gut No. 625/2, Admeasuring 2 H 28 R, situated at Jadgawwadi, Tq. & District Dhara Shiv (Osmanabad). Bounded as under: East: 625/3/4, West: 624,

(OA No.65/2025)

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[AMBADAS]

North: 625/3, South: 625/1.

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All that piece and parcel of property bearing Gut No. 625/4/3, Admeasuring 1 H 77 R, situated at Jadgawwadi, Tq. & District Dhara Shiv (Osmanabad). Bounded as under: East: Shahaji Deokate, West: Ramling Zade, North: Balasaheb Shinde, South: Ramling Zade.

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All that piece and parcel of property bearing Gut No. 670, Admeasuring 1 H 46 R, situated at Jadgawwadi, Tq. & District Dhara Shiv (Osmanabad). Bounded as under: East: Nilawati Zade, West: 671, North: Ramling Zade, South: Road.

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All that piece and parcel of property bearing Gut No. 671, Admeasuring 6 H 26 R, situated at Jadgawwadi, Tq. & District Dhara Shiv (Osmanabad). Bounded as under: East: Nilawati Zade, West: Ramling Zade, North: Shahaji Jadhav, South: Road.

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(D)

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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.65/2025)

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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:.05.05.2026 Debts Recovery Tribunal, Aurangabad

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(OA No.65/2025)

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[AMBADAS]

Bank of Maharashtra v. Jivanrao Vishwanath Gore

Case brief

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Bank of Maharashtra v. Jivanrao Vishwanath Gore

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