Allowed

State Bank of India v. 1(i) Kunj Bihari Mehar S/O Late Lingraj Mehra H/o Smt. Kanchan Lata Mehar

DRT15 Dec 2023OA/1026/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an application filed by State Bank of India against the legal heirs of a deceased borrower. The court directed recovery of the claimed amount along with interest, restricting defendants' liability to inherited assets and ordering a Recovery Certificate under Section 19(2) of the RDB Act.

What did the court decide?

Recovery of Rs. 30,19,276.00 with interest; issuance of Recovery Certificate; injunction on transfer of assets.

State Bank of India versus 1(i) Kunj Bihari Mehar S/O Late Lingraj Mehra H/o Smt. Kanchan Lata Mehar — DRT (2023) — LawSathi Research

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DEBTS RECOVERY TRIBUNAL : JABALPUR

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(for the States of lvtadhya Pradesh and Chhattisgarh)

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(Presiding Officer - Hon'bte Shri Ram Niwas Patet)

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Original Applicotion No. - 1026122

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State Bank of lndia, Stressed Assets Recovery Branch, Block B-1, Pujari Chambers, Near Pachpedinaka, Tikrapara, Raipur (C.G.)

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..... Appticant

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Versus

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1(i) Shri Kunj Bihari lvlehar, S/o Late Lingraj fulehar H/o Smt. Kanchan Lata Mehar

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1(ii) Ku. Chandra Prabha filehar^(Minor) D/o Shri Kunj Bihari ilehar, Through Natural Guardian' Shri Kunj Bihari Mehar

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(Both Legat Heir/Representative of Late Smt. Kanchan Lata^Mehar, Residence of^(a) Ward^No"32, Bajinpati, Maharapara Jute^{Mit[ Road,} Raigarh, C.G. 496001; and (b) Near MahamaYa Mandir, Madhubanpara, Raigarh,^{C.G. 496001} ) Defendants

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Counset for the Appticant :^{Shri Arun K Pandey, Advocate} Defendants : Ex'Parte

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JU GME T (Dated: 15 December, 2023)

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The Applicant-Bank^{has fited the} Present^{Originat Apptication} u/s19 of Recovery^{of Debts andBankruptcyAct on 23108127against the} Defendants for^{recovery of Rs. 30,19,276.00(Rupees ThirtyLac,Nineteen} Thousand, Two^{Hundred and SeventySix onty) atong with interestand other} reliefs as stated.

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The brief^{facts of the caseare that on the request of Smt'} Kanchan Lata^{l,lehar (since deceased),the Applicant Bank sanctioned} Housing Loan^{of Rs. 27.95 Lac and fundingof Home Loan lnsurance Cover of} Rs. 2,37,589/-^{aggregating loan amountof Rs' 30'32'589t'on24101120and} in consideration^{of the samethe borrower in additionto execution of loan} documents has atso^{created equitabtemortgageover her immovable}

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oAt026l22

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property, i.e., Khasra No.-371216, Part of Khasra No.-371211, Patwari Hatka No.-49, Ward No.-26, Vittage-Chhote Attarmuda, Revenue Circte-Raigarh-2, Block Area-Raigarh, Akashwani to Medicat Cottege road, Raigarh^(C.G.), admeasuring Ptot area 2000 sq.ft. The borrower availed the loan facilities sanctioned by the Appticant-Bank. The borrower Kanchan Lata Mehar expired on 251-01121 leaving behind her husband Shri Kunj BihaR fitehar Defendant No.-1(i) and daughter Ku. Chandra Prabha lviehar Defendant No.-1(ii) who are her legal heirs and their tiabitity is timited to the assets inherited by them from the deceased borrower. The account of the borrower became irregular and the Defendants failed to tiquidate the outstanding dues despite issuance of Legat Notice on 21102122 by the Appticant Bank. The Applicant-Bank has retied upon the documents at Ex. A-1 to A-12 which were proved by Shri Shantanu Dasgupta, Chief lilanager.

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Despite service of notice, the Defendants neither appeared nor filed written statement. They were proceeded ex-parte vide order dated 171M123. There is therefore, no reason to disbelieve the contentions of the Bank. Admittedly Defendants are legat heirs of deceased borrower Kanchan Lata Mehar and had not executed loan and security documents in their personat capacity. Thus the tiability of Defendant No.-1(i) and Defendant No.1(ii) are restricted to the value of assets/shares inherited by them from deceased Kanchan Lata lvlehar. Considering the facts of the case, I opine that the Appticant-Bank is entitled to recover the ctaim amount from Defendant No.-1(i) and Defendant No.-1(ii) jointly and severally together with interest and costs. The Appticant-Bank in its apptication has ctaimed interest @7.75% p.a. with monthly rests. However, I feet it fair and reasonable to grant interest @7.50% p.a. simpte pendentelite and future tilt realization of the dues. The mortgaged property is tiabte to be sold for recovery of amount due along with the personal properties and assets of the deceased Kanchan Lata Mehar.

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The Original Apptication is allowed and it is ordered as under-

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i) The Applicant-Bank shall recover its claim amount of Rs. 30,19,276.00 (Rupees Thirty Lac, Nineteen Thousand, Two Hundred and Seventy Six onty) from Defendant No.-l(i) and Defendant No.-l(ii) jointly and severally together with pendentelite and future interest @7.50% per annum simple from the date of fiting of the OA, i.e., Z3lOgtZZ, with costs till its realization. However, the tiabitity of Defendant No.-1(i) and

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oA1026122

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Defendant No.-'l(ii)^{is restricted} to^{the value of shares/Assetsinheritedby} them from deceased borrower Kanchan Lata Mehar.

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ii) The Appticant Bank is entitled to setl the^{mortgagedas we[[ as} personal properties and assets of the deceased borrower^KanchanLata Mehar for realization of its dues.^{The Defendants are hereby restrained by} means of injunction from depteting, transferring,^{encumbering, atienatingor} in any way deating with the^{properties/assetsof deceasedborrower Kanchan} Lata Mehar without first^paying the^{ctaim of the AppticantBank'} iii) A Recovery Certificate be^issued uls^{19(22)of Recoveryof} Debts and Bankruptry Act.^{The applicant bank may file a memo of cost} within 7 days for^{preparingRecoveryCertificate.}

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Judgment^{pronouncedin the open court on this 15thDay of December,2023.}

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*
.\D'
(Ram Niwas Patet)
Presidine Officer

State Bank of India v. 1(i) Kunj Bihari Mehar S/O Late Lingraj Mehra H/o Smt. Kanchan Lata Mehar

Case brief

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What did the court decide?

State Bank of India v. 1(i) Kunj Bihari Mehar S/O Late Lingraj Mehra H/o Smt. Kanchan Lata Mehar

Case brief

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What did the court decide?

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