Allowed

Bank of Baroda v. K B Transport through Its Prop: Atiq Parvesh Abdul Aziz Pathan

DRT5 Jan 2026OA/702/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed the applicant bank's application for recovery of Rs. 25,02,911/- plus interest, declaring charge on mortgaged and hypothecated properties and issuing a recovery certificate after defendants appeared ex parte.

What did the court decide?

Recovery of Rs. 25,02,911/- plus 9% p.a. interest; declaration of charge on mortgaged and hypothecated property; issue of Recovery Certificate.

Bank of Baroda versus K B Transport through Its Prop: Atiq… — Banking and Recovery | DRT (2026)

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Page 1 of 4 O.A. No. 702/2023

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PRESENTED ON : 27.10.2023 REGISTERED ON : 16.11.2023

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Exh. No. 12

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BEFORE THE PO, DEBTS RECOVERY TRIBUNAL, NAGPUR

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Delivered by Pankaj Kumar

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O.A. No. 702/2023

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Bank of Baroda

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: Applicant

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A body corporate established under Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970 (Act No. V of 1970), having its Head Office at Mandvi, Baroda – 390006, Gujarat state having its branch office at Mohan Nagar Branch, Nagpur – 440001, Phone No. 07122552575 Email – [email protected], IFSC Code – BARB0VJNAMN, acting through its one of the Principal Officer and power of attorney holder i.e. Chief Manager Mr. Anilkumar Jha, Aged about 53 Years, SARB, Nagpur, who is having authority to sign and file the present O.A. and also act and represent the Bank.

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Versus

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1. K.B. Transport

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: Defendants

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Through its Prop. Mr. Atiq Parvesh Abdul Aziz Pathan

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Aged about : Major, Occupation : Business PAN No. CJAPP9910M R/o. 2442/1 Ward No. 2 Behind Hanuman Mandir Tekdi Milan Chowk Om Nagar, Chankapur Tah. Saoner, Dist. : Nagpur 441102

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2. Mr. Atiq Parvesh Abdul Aziz Pathan

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Page 2 of 4 O.A. No. 702/2023

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R/o. 2442/1 Ward No. 2 Behind Hanuman Mandir Tekdi Milan Chowk Om Nagar, Chankapur Tah. Saoner, Dist. : Nagpur 441102

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3. Mr. Ahtesham Sheikh Rahematullah Sheikh

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R/o. At PO Ward No. 3 Near Jama Masjid Dahegaon

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Ran Tah. Saoner Dist. Nagpur - 441102

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Learned Counsel for Applicant	Adv. Ashwini Sakhare
Defendants Set Exparte On	18.11.2024

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JUDGMENT

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(Delivered on 5^th Day of January, 2026)

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This is an application filed by the applicant U/s 19 of RDB Act, 1993 against defendants for recovery of aggregate amount of Rs. 25,02,911/- outstanding in Loan Account No. 76420400000013 with costs and future interest @11.50% p.a. with monthly rests from the date of filing of O.A. till the date of realization.

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Though, defendant nos. 1 to 3 were duly served with the suit summons vide Exh. 6 to 8, they failed to cause appearance before this Tribunal to defend their case despite granting several adjournments. Hence, the proceeding against defendant nos. 1 to 3 was set exparte on 18.11.2024.

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The applicant has filed its Claim Affidavit (Exh. 10) alongwith List of Documents (Exh. 11), annexing therewith 10 documents. The

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Page 3 of 4 O.A. No. 702/2023

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original documents therein are marked as Exh. AW-1/1 to AW-1/8. It has been stated in the O.A. as well as in Claim Affidavit that no penal interest has been applied in the loan account.

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Heard Learned counsel for the applicant.

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As stated supra, defendants remained exparte. The Evidence Affidavit coupled with the recitals in the documents viz. Exh. AW -1/1 to AW-1/8 marked on behalf of the applicant, clinches the claim of the applicant against defendants. There is no reason to disbelieve the evidence adduced on behalf of applicant. Hence, defendants are liable to pay, jointly and severally, the claim of the applicant with costs and future interest.

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Hence, it is ordered as under:-

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ORDER

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A] O.A. No. 702/2023 is allowed to the extent as under with costs.

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B] Defendants to pay jointly and severally to the applicant bank an amount of Rs. 25,02,911/- (Rupees Twenty Five Lakh Two Thousand Nine Hundred Eleven Only) outstanding in Loan Account No. 76420400000013 with simple future interest @9% p.a. from the date of filing of O.A. till its realization.

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C] It is declared that outstanding dues are secured by mortgaged immovable property of defendant no. 2 as described in Schedule-I annexed to O.A. and as referred in Exh. AW-1/7.

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Page 4 of 4 O.A. No. 702/2023

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D] It is also declared that charge of outstanding dues is kept on hypothecated property of defendants as described in Schedule-II annexed to O.A. and as referred in Exh. AW-1/4.

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E] Issue Recovery Certificate accordingly.

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F] The Registrar is directed to send the copy of Judgment and Recovery Certificate to the parties to this O.A at once.

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Nagpur

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Date: 05.01.2026

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(Pankaj Kumar) Presiding Officer Debts Recovery Tribunal Nagpur

Bank of Baroda v. K B Transport through Its Prop: Atiq Parvesh Abdul Aziz Pathan

Case brief

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Bank of Baroda v. K B Transport through Its Prop: Atiq Parvesh Abdul Aziz Pathan

Case brief

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