Debts Recovery Tribunals and Appellate Tribunals
KOTAK MAHINDRA BANK LIMITED vs SANGEETA RAJENDRA PATIL on 13 May 2026
Date of filing : 25.01.2020
Decided on : 13.05.2026
**IN THE DEBT RECOVERY TRIBUNAL-I AT MUMBAI
TRANSFER ORIGINAL APPLICATION NO. 79 of 2023**
KOTAK LIMITED, MAHINDRA BANK A Banking Company within the meaning of the Banking Regulation Act, 1949 and registered under the Companies Act, 1956 and having its registered office at 27, BKC, C-27, G Block, Bandra Kurla Complex, Bandra (E), Mumbai 400 051 and one of its branch office at Ground Floor, Samsung Building, Vinay Bhavya Complex, 159-A, CST Road, Kalina, Santacruz (E), Mumbai 400 098 and Mr. Ajay Maurya is authorized to sign the application.
...Applicant
VERSUS
1. 1. SANGEETA RAJENDRA PATIL House No.-35, Krushi Utpann Baza Sahakar Nagar, Panvel Panvel 410206 Maharashtra - India.
2. 2. RAJENDRA AATMARAM PATIL House No.-35, Krushi Utpann Baza Sahakar
Nagar, Panvel Panvel 410206 Maharashtra
- India.
...Defendants
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Counsel for the Applicant : Advocate Shashikant Gaikwad.
Counsel for the Defendants : Nil - Defendants - Ex -parte
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J U D G M E N T
1. 1. This is an application under Section 19(1) of Recovery of the Debt and Bankruptcy Act, 1993 (for short, 'the 1993 Act') to recover Rs.23,26,903.03/- with future interest thereon from the date of presentation of the Transfer Original Application till payment/realization and to enforce the hypothecated securities.
2. 2. The Defendants had availed a Vehicle Loan, to the tune of Rs.29,00,000/- from the applicant on him signing and executing the loan and securities document on 30.07.2018 as set out in paragraph no. 5.3 of the Transfer Original Application.
3. 3. Defendants created the hypothecation of the vehicle Heavy Commercial Vehicle-Volvo Eicher-CB\_Eicher Pro 6025 with registration number MH46BB7784, Chassis No.HJ051038 and Engine No.455811B1P, in favour of the applicant to secure the loan.
1. 4. Despite the undertaking effected by Defendants they had failed to regularise the account and service interest in the account. So the account remained out of order since long time resulting it to be declared as NPA.
2. 5. Despite issuance of letters, personal visits, telephonic conversation and reminders the Defendants had failed to regularise the account. So the Applicant had caused the issuance of lawyer notice to Defendants to pay up the dues with interest.
3. 6. Since the defendants failed to make the repayment, the applicant was left with no other alternative other than to file the Transfer Original Application which was presented on 25.01.2020. Defendant was duly served with the summons for appearance on 23.02.2022 and along with Transfer Notice on 07.11.2024. Despite receipt of summons and transfer notice, the defendants did not appear. They had remained absent without any representation and so, they were set at exparte.
4. 7. The applicant filed an affidavit (exhibit-10) in lieu of examination in chief through Mr. Surendra Mishra, Manager of the bank, had produced documents, which are admitted in evidence, read, recorded and exhibited and were marked as AW-1 to AW-8.
A handwritten signature or mark, possibly initials, written in black ink. It consists of a vertical line with a diagonal stroke crossing it from top-right to bottom-left, and a small loop or flourish at the top.
1. 8. Accordingly, the Transfer Original Application was filed for the recovery of Rs.23,26,903.03/- with further interest @ 9.99% p.a. and other expenses for the period from the date of filing of this T.O.A. till payment/realization.
2. 9. A scrutiny of the averments in the Transfer Original Application and an analysis of the evidence adduced by the applicant, which has gone unchallenged, uncontroverted and unrebutted, shows that there is no reason to reject the claim made by the applicant bank.
3. 10. In view of the observations made hereinabove, Transfer Original Application filed by the applicant deserves to be allowed.
4. 11. Hence, the following order is passed:
ORDER
1. a. T.O.A. stands allowed with cost and the Defendant No.1 & 2 are held liable to pay jointly and severely to the Applicant Bank within two months a sum of Rs.23,26,903.03/- with further interest @ 9.99% p.a. and other expenses from the date of filing of this O.A. till the date of realization; failing which the aforesaid amount shall be recovered from the sale of hypothecated of vehicle Heavy Commercial Vehicle-Volvo Eicher-CB\_Eicher Pro 6025 with registration number MH46BB7784, Chassis No.HJ051038 and Engine
No.455811B1P and in case of shortfall, the same shall be recovered from the sale of the movable and immovable properties of the Defendants.
- b. Defendants are directed to declare, on oath, to the Recovery Officer, Debts Recovery Tribunal – I, Mumbai, both her moveable and immoveable assets for the purpose of attachment and sale for realizing the shortfall, if any.
- c. Let a Recovery Certificate be issued with memo of cost immediately u/s 19(22) of The Recovery of Debts and Bankruptcy Act, 1993 together with the details of the properties, if any.
- d. The Defendants are restrained from depleting, transferring, encumbering, alienating or in any way dealing with her properties/assets without first paying the claim of the Applicant Bank.
- e. Copies of this judgment be sent to the parties free of cost and file be consigned to the record room.
- f. Give under my hand and the seal of this Tribunal on this date : 13.05.2026.
(Dictated to my Stenographer, transcribed by him corrected and signed by me and pronounced in open forum on 13.05.2026)
Place:- Mumbai Date:- 13.05.2026
Presiding Officer, DRT-1, Mumbai (Sreelakshmi Suresh)