Allowed

Bank of Maharashtra v. Rupeshsingh Ashoksingh Chavan

DRT18 Jun 2026OA/97/2025

Case brief

AI extract

What is this about?

The Aurangabad Debt Recovery Tribunal allowed an application filed by Bank of Maharashtra against two defaulting borrowers. The Tribunal confirmed the outstanding dues of Rs. 34,88,988.76, adjusted the future interest claim to 10% p.a. Simple per annum instead of the requested 12% and secured the debt via existing mortgage documents on the borrowers' flats.

What did the court decide?

Defendants ordered to pay Rs. 34,88,988.76 with future interest at 10% p.a. simple; secured by mortgage of two flats; Recovery Certificate issued for sale.

Bank of Maharashtra versus Rupeshsingh Ashoksingh Chavan — Consumer Protection | DRT (2026)

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Presented on: 23.10.2024 Registered on: 14.02.2025 Decided on: 18.06.2026 Duration: Y M D 01 07 25

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 97/2025

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TOTAL CLAIM AMOUNT – Rs. 34,88,988.76/-

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Bank of Maharashtra , A Body Corporate constituted under the Banking Companies (Acquisition of Undertaking) Act, 5 of 1970, carrying on business & Having its Head Office at “Lokmangal”, 1501, Shivaji Nagar, Pune-411 005 and Zonal Office at “Mahabank Bhawan”, C-3, N-1, Town Centre, CIDCO, Aurangabad-431003. Branch at Jalgaon Road, Branch, Near New Bus Stand, Jalgaon425001. Through its Authorized Officer, Shri. Somnath Bajrang Sasane, Age: Major, Occ.: Service, Working as Chief Manager, Asset Recovery Branch, Bank of Maharashtra, at Town Centre, CIDCO, Aurangabad.

… Applicant

(OA No.97/2025)

Page 1 of 9

[AMBADAS]

Versus

1. Rupeshsingh Ashoksingh Chavan Age: Major, Occupation: Business Address: 1-3-825, Premlata Complex, Near Kabde Hospital No. 35, Mahaveer Society, Lalvadi Road, Narsing Vidya Mandir, Tal. And Dist. Nanded-431602.

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AND

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Address: Flat No. 2 & 3, Sr. No. 70/1, CTS No. 4679, Mahavir Nagar, Near Kabde Hospital, Tal. & Dist. Nanded 431602.

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2. Madhurika Rupeshsingh Chavan

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Age: Major, Occupation: Business Address: 1-3-825, Premlata Complex, Near Kabde Hospital No. 35, Mahaveer Society, Lalvadi Road, Narsing Vidya Mandir, Tal. And Dist. Nanded-431602.

¶15

AND

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Address: Flat No. 2 & 3, Sr. No. 70/1, CTS No. 4679, Mahavir Nagar, Near Kabde Hospital, Tal. & Dist. Nanded 431602.

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…Defendants

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APPEARANCES

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For the Applicant For Defendants

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Mr. Atul A. Mishra -Advocate Ex-parte

(OA No.97/2025)

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[AMBADAS]

JUDGMENT Delivered on 18.06.2026

¶25

The Applicant Bank has filed the present application for the recovery of a sum of Rs. 34,88,988.76/- (Rupees Thirty Four Lacs, Eighty Eight Thousand, Nine Hundred Eighty Eight and Seventy Six Paisa only), along with future interest from the date of filing of the Original Application, i.e., 23.10.2024, 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:

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The Applicant Bank states that the Defendant No. 1 & 2 had approached and requested the Applicant Bank to sanction Term Loan Facility for purchase of house. Upon considering the request and financial needs of the Defendants, the Applicant Bank Sanctioned Term Loan Facility of Rs. 25,00,000/- vide, sanction letter dated 25.06.2019 on certain terms and conditions. The agreed rate of interest for aforesaid loan facility was @10.10% p.a. with monthly rests. The Defendants also agreed to pay

(OA No.97/2025)

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[AMBADAS]

additional interest @2% 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 Defendants executed various loan documents in favour of the Applicant Bank. These included sanction letter, demand promissory note, registered deed bearing daybook no. 3517-2019 dated 26.06.2019, housing loan agreement etc., in favour of the Applicant Bank.

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The Applicant Bank further contends that, in order to secure the aforesaid loan facilities, the Defendants executed, registered mortgage deed registered at Sub-registrar Nanded bearing daybook no. 3517-2019 dated 26.06.2019 in respect of following properties:

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i) All that piece and parcel of Flat No. 2, First Floor, admeasuring 125.46 Sq. Meter, constructed on Plot No. 28, Sr. No. 71/1, CTS No. 4673, Premlata Niwas, Mahavir Nagar, Near Kabde Hospital, Tal. & Dist. Nanded-431602, which is bounded as under:

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North: 6 Meter Wide Road, East: House of Mr. Ashoksingh Chavan,

(OA No.97/2025)

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[AMBADAS]

West: House of Mr. Bhagirath Mundada, South: Narsing Vidya Mandir.

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ii) All that piece and parcel of Flat No. 3, Second Floor, admeasuring 125.46 Sq. Meter, constructed on Plot No. 28, Sr. No. 71/1, CTS No. 4673, Premlata Niwas, Mahavir Nagar, Near Kabde Hospital, Tal. & Dist. Nanded-431602, which is bounded as under:

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North: 6 Meter Wide Road, East: House of Mr. Ashoksingh Chavan, West: House of Mr. Bhagirath Mundada, South: Narsing Vidya Mandir.

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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 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 30.09.2021. Therefore on 31.07.2023 the applicant bank issued legal notice to the

(OA No.97/2025)

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[AMBADAS]

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.

¶47

The defendants failed to appear in matter though they were served through paper publication. Hence, defendants were proceeded ex-parte as per Order dated 03.02.2026.

¶48

The applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Shri. Somnath Bajrang Sasane, 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.

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I have heard arguments of the learned Advocate for the applicant Bank.

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Since the defendants failed to appear and did not contest the application, I find no reason to disbelieve the unrebutted

(OA No.97/2025)

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[AMBADAS]

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 borrowers 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. 23.10.2024 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 @ 10% per annum (simple), it would be just and reasonable rate of interest.

¶57

ORDER

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(A) Original Application No. 97/2025 is allowed with costs.

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(B) The defendants shall pay jointly and severally to the applicant Bank a sum of Rs. 34,88,988.76/- (Rupees Thirty Four Lacs, Eighty Eight Thousand, Nine Hundred Eighty Eight and Seventy Six Paisa only), along with future interest @ 10% per annum (simple) from the date of

(OA No.97/2025)

Page 7 of 9

[AMBADAS]

filing of the Original Application i.e. 23.10.2024 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 documents at Exhibit AW-1(6) in the list of documents Exhibit 5

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i) All that piece and parcel of Flat No. 2, First Floor, admeasuring 125.46 Sq. Meter, constructed on Plot No. 28, Sr. No. 71/1, CTS No. 4673, Premlata Niwas, Mahavir Nagar, Near Kabde Hospital, Tal. & Dist. Nanded431602, which is bounded as under:

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North: 6 Meter Wide Road, East: House of Mr. Ashoksingh Chavan, West: House of Mr. Bhagirath Mundada, South: Narsing Vidya Mandir.

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North: 6 Meter Wide Road, East: House of Mr. Ashoksingh Chavan, West: House of Mr. Bhagirath Mundada, South: Narsing Vidya Mandir.

(OA No.97/2025)

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[AMBADAS]

(D) The applicant Bank is entitled to sell the mortgaged

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immovable properties to recover its dues.

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(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:.18.06.2026 Debts Recovery Tribunal, Aurangabad

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(OA No.97/2025)

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Page 9 of 9

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[AMBADAS]

Bank of Maharashtra v. Rupeshsingh Ashoksingh Chavan

Case brief

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Bank of Maharashtra v. Rupeshsingh Ashoksingh Chavan

Case brief

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