Debts Recovery Tribunal allowed the applicant bank's application for recovery. The court directed respondents to pay the reduced claim amount with 9% simple interest and ordered the sale of mortgaged properties to recover dues.
Recovery Certificate issued for Rs.19,12,111/- with 9% simple future interest; mortgaged properties to be sold for recovery.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Presented on: 10.05.2018 Registered on: 17.09.2022 Decided on: 12.03.2026 Duration: Y M D 07 10 02
IN THE DEBTS RECOVERY TRIBUNAL AT PUNE (Before Shri Dilip G. Murumkar, Presiding Officer) ORIGINAL APPLICATION No.755/2022.
State Bank of India ,
A Banking Company constituted under the State Bank of India Act, 1955, having its Corporate Office at State Bank Bhavan, Madam Cama Road, Nariman Point, Mumbai-400 021 and its Branch at Stressed Assets Recovery Branch, 2nd floor, 321/A/3, Seven Loves Chowk, Shankar Sheth Road, Pune-42.
… Applicant
Versus
1. Mr. Vithal Yashwant Bhosale
2. Mr. Dattatray Vithal Bhosale Both R/at – Home No.761, Wai Road, … Defendants Near Masjid, At Wathar (Station), Taluka Koregaon, District Satara-415 524.
APPEARANCES
For the Applicant Mrs. Amruta Pendse For the Defendants Ex-parte. TOTAL CLAIM AMOUNT – Rs.20,12,111/-.
JUDGMENT
(Delivered on 12th March, 2026)
(OA No.755/2022)
Page 1 of 6
[ANIL]
2. Brief facts of the application are as under:
Defendant No.1 and 2 approached the applicant bank for loan on 19.03.2015 for grant of financial assistance for construction of House.
Applicant Bank sanctioned the Term Loan of Rs.17 Lakhs on 31.03.2015 to the defendants on certain terms and conditions. Defendant No.1 and 2 entered into a Loan Agreement with the applicant bank on 31.03.2015 for an amount of Rs.17 lakhs.
Defendant No.1 and 2 have also created charge in favour of the applicant by mortgaging the immovable properties i.e. all that piece and parcel of land situate at Wathar Station, Taluka Koregaon, District Satara and within the limits of Wathar Station Gram Panchayat, which registered in the office of Sub Registrar Grade 1, Koregaon at Sr. No.1056 of 2015 on 31.02.2015.
| S. | CTS No. | Area Mortgaged with |
|---|---|---|
| No. | Bank in Sq.mtrs. | |
| 1 | 549 | 63.95 out of 127.9 |
| 2 | 550 | 7.2 out of 14.4 |
(OA No.755/2022)
Page 2 of 6
[ANIL]
| 3 | 551 | 10.75 out of 21.5 |
|---|---|---|
| 4 | 552 | 65.35 out of 130.7 |
| 5 | 553 | 13.01 out of 26.2 |
| 6 | 554 | 4.65 out of 9.3 |
| 7 | 555 | 9.9 out of 36.00 |
| 8 | 556 | 18.00 out of 36.00 |
| 9 | 0.02.615 | Out of 0.05.23 |
Hence, this application is filed.
(OA No.755/2022)
Page 3 of 6
[ANIL]
ORDER
(OA No.755/2022)
Page 4 of 6
[ANIL]
| S. N. |
CTS No. | Area Mortgaged with Bank in Sq.mtrs. |
|---|---|---|
| 1 | 549 | 63.95 out of 127.9 |
| 2 | 550 | 7.2 out of 14.4 |
| 3 | 551 | 10.75 out of 21.5 |
| 4 | 552 | 65.35 out of 130.7 |
| 5 | 553 | 13.01 out of 26.2 |
| 6 | 554 | 4.65 out of 9.3 |
| 7 | 555 | 9.9 out of 36.00 |
| 8 | 556 | 18.00 out of 36.00 |
| 9 | 0.02.615 | Out of 0.05.23 |
More particularly described in Schedule-‘A’ of the Original Application.
(OA No.755/2022)
Page 5 of 6
[ANIL]
Place: Pune Date: 12.03.2026
Sd/(Dilip G. Murumkar) Presiding Officer, Debts Recovery Tribunal, Pune.
(OA No.755/2022)
Page 6 of 6
[ANIL]
3 issues framed by the court
Whether the Applicant Bank is entitled to a recovery certificate for the outstanding loan amount despite the defendants' absence.
Whether the claimed legal charges and future interest rates are just and reasonable.
Whether the mortgaged immovable properties are liable to be sold for recovery of dues.
1 provisions across 1 enactments
State Bank of India
Mr. Vithal Yashwant Bhosale
Mr. Dattatray Vithal Bhosale
Dilip G. Murumkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
