Debts Recovery Tribunal allowed the applicant bank's claim against the legal heirs of the deceased borrower for recovery of dues, granting 9% annual simple interest and restraining the heirs from transferring assets.
Order for payment of Rs. 77,58,783.74 with 9% interest, recovery certificate under s. 19 RD and BA, and injunction over assets.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
DEBTS RECOVERY TRIBUNAL : JABALPUR
(for the States of Madhya Pradesh and Chhattisgarh)
cAilP COURT AT TNDORE (tA.P.)
(Presiding Officer - Hon'bte Shri Ram Niwas Patet)
Originol Applicotion No.- 465123
State Bank of lndia, Stressed Assets Recovery Branch, State Bank Bhawan, 5, Y.N. Road, lndore (M.P.)
Appticant
Versus
Through Guardian Smt. Katawati Hirve
Through Guardian Smt. Kalawati Hirve
(Att Legat Heir of Late Rohit Hirve S/o Late Shri Ramesh Chandra Hirve &.
R/o 6, Manchhaman Nagar, Ujjain, M.P.456010) Defendants
Counsel for the Applicant : Shri Jagbandan Patet, Advocate Defendants : Ex-parte
JUDGMENT
(Dated : 13th January, 2025)
2
C4.465t23
Bankinq Yono App. ln consideration of the sanction of the credit facitities Late Rohit Hirve executed requisite [oan documents. Late Rohit Hirve avarted the credit facitities but faited to maintain financial disciptine and therefore, the accounts became NPA. The borrower Rohit Hirve died on 09103/22 and his wife died on 19104/21 leaving behind Defendant No.-1 to 4 as his legat heirs who have inherited the estate of the deceased. The Applicant-Bank sent tetter dated 10/08/22 to Defendant No.-1 to provide the detaits of atl legal heirs which she failed to provide. The Defendants failed to liquidate the outstanding dues despite issuance of Legal Notice on 15103/23 by the Appticant Bank. The Appticant-Bank has relied upon the documents at Ex, A-1 to A-8 which were proved by Shri Sanjay Mehta, Chief Manager.
i) The Defendants do payjointty and severalty Rs. 77,58,783.74 (Rupees Twenty Seven Lakh, Fifty Eight Thousand, Two Hundred Eighty Three and Paisa Seventy Four onty) together with pendentetite and future interest @9% per annum simple from the date of filing of the OA, i.e., 17/04/23, with costs but restricted to the extent of value of assets / properties inherited by them from the deceased borrower Rohit Hirve.
ii) The Appticant Bank is.entitted to setl thepersonal properties and assets of Late Rohit Hirve in the hands of DefendantNo.-1 to 4for
J
oA 46st23
realization of its dues. The Defendants are hereby restrained by means of injunction from depteting, transferring, encumbering, atienating or in any way dealing with the properties/ assets of Late Rohit Hirve without first paying the claim of the App[icant Bank.
iii) A Recovery Certificate be issued uls 19 (22) of Recovery of Debts and Bankruptcy Act. The applicant bank may file a memo of cost within 7 days for preparing Recovery Certificate.
Judgment pronounced in the open court on this 13th Day of January, 2025 at Camp Court lndore.
9 ,t*
(Ra iwa s a Presidine Off icer
3 issues framed by the court
Whether the legal heirs are liable for the deceased borrower's loan dues.
Whether interest should be granted at a specific rate when the contractual rate is unspecified.
Whether a Recovery Certificate should be issued under Section 19 of the RD and BA.
1 provisions across 1 enactments
State Bank of India
Smt. Katawati Hirve
Ku. Nitisha Hirve
Ku. Mahima Hirve
Shri Saransh Hirve
Ram Niwas Patet
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
