Allowed

Bank of Baroda v. Mahavir Bhore

DRT7 Apr 2026OA/789/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the Bank of Baroda's application for a recovery certificate of Rs. 51,13,466 against the defaulting borrowers and guarantors, granting a charge on pledged raisin stocks and ordering the issuance of the certificate.

What did the court decide?

Issuance of Recovery Certificate; Order to pay Rs. 51,13,466 with future interest @9% p.a.; Valid charge on pledged raisin stocks; Direction to sell pledged property for dues.

Bank of Baroda versus Mahavir Bhore — Banking and Recovery | DRT (2026)

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Presented on: 20.12.2019 Registered on: 24.09.2022 Decided on: 07.04.2026 Duration: Y M D

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IN THE DEBTS RECOVERY TRIBUNAL AT PUNE (Before Shri Dilip G. Murumkar, Presiding Officer) ORIGINAL APPLICATION No.789/2022.

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Bank of Baroda ,

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A Body corporate constituted by Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 having its Head Office at Baroda House, Mandavi, Baroda – 390 006, Gujrat and one of its branches at Bank of Baroda, High School Road, Taluka Miraj, District- Sangli-416 416.

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… Applicant

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Versus

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1. Mr. Mahavir Appaso Bhore Post- Bahubali Chowk Nandare, Taluka- Miraj, District Sangli.

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2. Mr. Pradumna Balgonda Patil Prop. – Abhuday Cold Storage, Address-At Post Gat No.105/1B, Tasgaon-Manerajuri Road, Matkunki, Tal.- Tasgaon, District Sangli.

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3. CNX Corporation Limited

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Add -301, 3^rd Floor, Embassy Center, Nariman Point, Mumbai-400 021. Also at – 12-A, Haji Kasam Bldg., 3^rd Floor, 66 Tamarind Lane, Fort, Mumbai, Maharashtra-400 001.

… Defendants

(OA No.789/2022)

Page 1 of 6

[ANIL]

APPEARANCES

For the Applicant Mrs. Pooja Mali i/b M.V.Kini & Co. Advocates & Solicitors. For the Defendants Ex-parte.

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TOTAL CLAIM AMOUNT –Rs.51,69,087.21Ps. JUDGMENT

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(Delivered on 7^th April, 2026)

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The applicant Bank has filed present application for recovery certificate of Rs.51,69,087.21Ps due as on 30.09.2019 alongwith future interest thereon @09.30% p.a. till repayment/realization of entire dues/debts from defendant No.1 & 2.

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Brief facts of the application are as under:

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Defendant No.1 is a borrower. Defendant No.2 has entered in Tripartite Agreement dated 21.02.2018 with the Applicant Bank and Defendant No.3. Defendant No.3 in addition to Triparty Agreement dated 21.02.2018 entered into Collateral Management Agreement dated 31.12.2016 with the Applicant Bank and thereby agreed to abide by certain obligations and to act as Collateral Manager in respect of Demand Loan/Short Term Loan Facility extended to Defendant No.1 on the basis of pledged/hypothecated stock of goods.

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Defendant No.1 approached and requested the Applicant Bank for availing Demand Loan / Short Term Loan Facility of

(OA No.789/2022)

Page 2 of 6

[ANIL]

Rs.45,00,000/- to facilitate the farmer to safe keep his agriculture produce i.e. [Raisins] and to have finance over the same against pledge of Warehouse / Storage receipt of the agriculture produce. The Applicant Bank considered the request and sanctioned following credit facility vide Sanction Letter reference Number BOB/SANGLI/AGRI/ADV/2017-18 dated 14.06.2018.

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Nature of Loan	Sanction Limit	Rate of Interest	Repayment period
Demand	Rs.45,00,000/-	One Year MCLR	To be done within
Loan/Short		+ 1 (at present	12 months.
Term Loan		MLCR is 8.40% & STRATEGIC PREMIUM IS 0.25%).

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In order to secure the Demand Loan/Short Term Loan of Rs.45,00,000/-, defendant No.1 executed necessary loan transaction & security documents, on 14.06.2018 in favour of Applicant Bank & the same is secured by pledge of Agricultural Produce i.e. Raisins/commodity, stocks stored in the warehouse, as under-

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Commodity	No of Bags	Net Weight	Grade
RASIN	5268 Katta	79.02 MT	AVERAGE

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It is contended that despite of various reminders, defendant Nos.1 to 3 neglected and defaulted to repay the loan installments as principal sum under Demand Loan/ Short Term Loan Account

(OA No.789/2022)

Page 3 of 6

[ANIL]

No.04410600002600. Hence, the said loan account has become NonPerforming Asset on 31.03.2019, as per Reserve Bank of India guidelines.

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Thereafter, the applicant Bank on 26.11.2019 through its advocate issued Notice to defendant No.1 calling upon to pay the outstanding amounts. Despite service of Notice, defendants failed and neglected to comply with the demand in the said Notice.

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Hence, this application is filed.

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Defendants failed to appear despite service of summons. Hence, the application proceeded ex parte against them vide Order dated 01.05.2025 passed below the Application (Exhibit-01).

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The applicant Bank filed Claim Affidavit of evidence (Exhibit-6) of Mr. Bhrigu Talwar, Authorized Signatory, which supports the case of the applicant elucidated in the application.

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The applicant Bank has produced in evidence the photocopies/true copies/original loan documents at Annexs.- AW-1 to AW-22 which corroborate the case of the applicant Bank.

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I 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 evidence of the Applicant Bank. Therefore, the Applicant Bank is entitled for reliefs as claimed.

(OA No.789/2022)

Page 4 of 6

[ANIL]

The Applicant Bank has claimed Penal Interest of Rs.55,620.86 on the loan availed, which cannot be granted and the same is required to be deducted from the total claim amount. Therefore, the total claim amount of Rs.51,69,087.21Ps is reduced to Rs.51,13,466 /-.

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10 Considering the facts of the present case, I am of the opinion that if future interest is granted @9% per annum (simple) for all the facilities, it would be just and reasonable.

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11 Hence, I pass the following order: -

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ORDER

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(A) Original Application No.789/2022 is allowed with costs.

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(B) Defendant No.1 & 2 shall jointly or severally pay to the Applicant Bank an amount of Rs.51,13,466/- (Rupees Fifty-One Lakh Thirteen Thousand Four Hundred SixtySix only) towards Demand Loan/Short Term Loan Account No.04410600002600 with future interest @9% p.a. from the date of filing of Original Application i.e.20.12.2019 till payment / realization of the amount mentioned in this operative order.

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Commodity	No of Units	Net Weight	Grade
RASIN	5268 Katta	79.02 MT	Average

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as set out in Schedule-A of the Original Application.

(OA No.789/2022)

Page 5 of 6

[ANIL]

(D) The Applicant Bank is entitled to sell the pledged property to recover its dues.

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(E) Issue Recovery Certificate.

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

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Place: Pune Date: 07.04.2026

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Sd/(Dilip G. Murumkar) Presiding Officer, Debts Recovery Tribunal, Pune.

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(OA No.789/2022)

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Page 6 of 6

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[ANIL]

Bank of Baroda v. Mahavir Bhore

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. Mahavir Bhore

Case brief

What is this about?

What did the court decide?

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