BANK OF MAHARASHTRA vs Sachin Krishna Acharekar on 13 February 2020

-:ORDER:-

The Applicant Bank filed the present OA for recovery of a sum of Rs.34,64,1901- with future interest @11.75% p.a. from the date of Application, till the date of realisation from the Defendants and also for sale of OA mentioned properties. The Defendants served with Summons. They were called absent, no representation and set ex-parte on 12.09.2019. The Applicant Bank examined Mr. Balkrishna Savalaram Khade and marked 15 {aitl\q

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6. documents through him as Exs.A-1 to A-15. OA.No.381/2016 Heard the Ld. Counsel for the Applicant Bank and perused the material placed on record. The point that arises for consideration is:- Whether the Applicant Bank is entitled for the claim made in the OA against the Defendants and OA mentioned properties as prayed for? As stated supra, the Defendants remained ex-parte. The Evidence Affidavit coupled with the recitals in documents viz., Exs.A.1 to A.15, marked on behalf of the Applicant Bank, ctinches the claim of the Applicant Bank against the Defendants and OA mentioned properties. Hence, I hold that the Defendants are jointly and severally liable to pay the Applicant Bank in the claim made in the OA with future interest and costs. In the result, the present OA.No.38112016 is allowed with costs, as under:- The Defendants are jointly and severally liable to pay to the Applicant Bank a sum of Rs.34,64,1901- (Rupees thirty-four lakh sixty-four thousand one hundred and ninety only) together with future interest @11.75o/o p.a. simple from the date of Application till the date of realisation; The applicant bank is entitled to proceed against the OA mentioned properties towards the realisation of its debt; the Applicant Bank is also entitled to proceed against the person and properties of the Defendants, towards realization of its dues; The Applicant Bank is entitled to the costs. The Applicant Bank is directed to file Cost Memo within 2 weeks from the date of receipt of this Order. lssue Recovery Certificate accordingly.

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9. oA.No.381./201.6

10. Communicate a copy of this order to the parties concerned, (Dictated to Steno Grade-L, transcribed by him, corrected, signed and pronounced by me in the open court on this the l3'h day of February, 2020.)