Allowed

State Bank of India v. Durga Singh (Since Deceased)

DRT22 Oct 2025OA/2114/2022

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed the State Bank of India's application for recovery of Rs. 24,62,230/- plus interest against the legal heirs of deceased borrowers, recognizing their liability limited to inherited property and directing a recovery certificate.

What did the court decide?

Application allowed; recovery certificate issued for Rs. 24,62,230/- with interest; liability limited to inherited property; recovery via sale of mortgaged assets.

State Bank of India versus Durga Singh (Since… — Contract and Commercial Disputes | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH

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BEFORE: A S NARANG, PRESIDING OFFICER

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OA No: 2114/2022 Date of Institution: 18.10.2022 Date of Decision: 22.10.2025

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SBI, having its branches all over India and a branch at Branch Charna, Tehsil Nohradhar, District Sirmour, Himachal Pradesh.

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……..Applicant

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Vs.

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Durga Singh (since deceased) s/o Sh. Tulsi Ram, r/o Village Kanda Kothi, P.O. Charna, Tehsil Nohradhar, District Sirmour, Himachal Pradesh, through its LRs’

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i. Satya Devi widow of Durga Singh.

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ii. Rahul Rana son of Durga Singh.

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iii. Ankush Rana son of Durga Singh.

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iv. Ambika daughter of Durga Singh.

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v. Priksha daughter of Durga Singh.

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All r/o Village Kanda Kothi, P.O. Charna, Tehsil

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Nohradhar, District Sirmour, Himachal Pradesh.

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Sunil Kumar (since deceased) s/o Sh. Tulsi Ram, r/o Village Kanda Kothi, P.O. Charna, Tehsil Nohradhar, District Sirmour, Himachal Pradesh, through his LRs’

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i. Nisha widow of Sh. Sunil Kumar.

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ii. Aman son of Sh. Sunil Kumar.

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iii. Aditi daughter of Sh. Sunil Kumar.

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All r/o Village Kanda Kothi, P.O. Charna, Tehsil

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Nohradhar, District Sirmour, Himachal Pradesh.

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……….Defendants

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Advocates

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Sh. Gurinderjit Singh, Counsel for the applicant bank. Defendants - ex parte vide order dated 28.11.2023 .

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OA for the Recovery of Rs.24,62,230/- with interest @14.25% per annum with monthly rests from 18.10.2022.

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ORDER

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SBI (Bank) has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.24,62,230/- with interest against Sh. Durga Singh and another (defendants).

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Bank’s case is that on 14.06.2011, it had granted a loan of Rs.20.00 Lacs to Durga Singh (since deceased) (now represented through his LRs) in the form of C.C Limit, for business purpose. To secure the loan, Durga Singh (since deceased) had mortgaged his land (fully detailed in para No.3A of the application). Sunil Kumar (since deceased) (now represented through his LRs) stood as guarantor vide Guarantee Agreement annexed as Exhibit A-4. The loan was chargeable to interest @14.25% per annum with monthly rests. Defendants had duly acknowledged their liability towards the debt on 20.02.2014 & 09.12.2016 & 20.08.2018 & 20.09.2022. On 26.09.2022, a sum of Rs.24,62,230/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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3. On 29.11.2022, summonses were sent to the defendants by
registered post, which were duly served. However, defendants did not
put in appearance. Vide order dated 28.11.2023, they were proceeded_ex_
parte.
4. In order to prove its case, the Bank has placed on record the
affidavit of Sh. Anil Kumar, Branch Manager along with the loan and
security documents and marked them as Exhibit A-1 to A-20.
5. I have perused the evidence on the record. I am of the considered
view that the Bank has proved its case that it had advanced the loan of
Rs.20.00 Lacs and on 26.09.2022, a sum of Rs.24,62,230/- was due.

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Accordingly, the application of the bank for the recovery of Rs.24,62,230/- (Rupees Twenty Four Lacs Sixty Two Thousand Two Hundred Thirty Only) with interest @14.25% per annum with monthly rests from 18.10.2022, till the date of payment is hereby allowed with costs. The liability of the legal heirs of the deceased defendant(s) would be limited upto the extent of the property inherited by them from Sh. Durga Singh & Sh. Sunil Kumar (both deceased). Bank can recover its dues by the sale of mortgaged land fully detailed in para No.3A of the application.

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Pending IAs, if any, stand disposed of.

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Recovery Certificate be issued accordingly.

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Parties are directed to appear before Recovery Officer on 24.11.2025, who is directed to distribute the sale proceeds of the mortgaged land and hypothecated stocks as per the provisions of Section 19(20-AB) of the Act .

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A Copy of this order along with Recovery Certificate be sent to the Recovery Officer as well as the parties. Pronounced in the open Court. (A S Narang) Dated: 22.10.2025 Presiding Officer DRT-1, Chandigarh

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MANOJ KALRA

State Bank of India v. Durga Singh (Since Deceased)

Case brief

What is this about?

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State Bank of India v. Durga Singh (Since Deceased)

Case brief

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What did the court decide?

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