Allowed

Canara Bank v. Nupur Singh

DRT27 Jan 2026OA/667/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's application to recover a debt of Rs. 25,45,915 from the widow of the deceased borrower. The court held the widow liable as the legal representative, restricted to the extent of inherited properties, and issued a recovery certificate.

What did the court decide?

Recovery certified for Rs. 25,45,915.00 with interest @ 8% p.a. simple from filing date and costs, realizable from mortgaged and personal assets of the defendant.

Canara Bank versus Nupur Singh — Banking and Recovery | DRT (2026)

OA 667 of 20221 Jl

DRT, PATNA

Debts Recovery Tribunal, Patna

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Karpuri Thakur Sadan, Aashiana Digha Road Patna-800025

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Presiding Officer : Shri Kaushalendra Yadav

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OA Case No. 667 of 2022

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Canara Bank, branch at Bhagalpur, M.G. Road, Opposite Telegraphic Office, Bhagalpur- 812001

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. . . . . . .Applicant

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Nupur Singh, W/o Late Vikash Chandra Singh, Resident of T.N. Singh Lane, Opposite Dr. Shankar, Court Compound, Bhagalpur 812001

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. . . . . . . Defendant

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Present:

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For the Applicant Shri Manish Kishore, Advocate For the Defendant Shri Anil Kumar Chaudhary, Advocate Shri Nand Kishore Singh, Advocate

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Dated:27.01.2026

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JUDGMENT

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The Applicant bank has made this application u/s 19 of the Recovery of Debts and Bankruptcy Act, 1993 (here-in-after referred to as Act) on 14.12.2022 against the defendant to recover its debts from defendant of Rs.25,45,915.00 as on 24.10.2022 along with pendente-lite and future interest at the contractual rate from 25.10.2022 with costs till realization.

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The application has been filed with the contention that the applicant bank, is a body corporate, carries on the business and is competent to file the suit through various branches including the applicant.

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Apurva Singh now deceased, the daughter of defendant required financial assistance by way of Education Loan for pursuing MBA Courts in Xavier Institute of Manager, Bhubaneshwar hence she along with her father, Vikash Chandra, now deceased approached the applicant bank for sanction of educational loan of Rs.19 Lakh on 22.05.2017 and after due consideration, the applicant bank has sanctioned Education Loan of Rs.19 Lakh on 24.05.2017 on various terms and conditions, as stipulated in the sanction letter, which were duly accepted by deceased Apurva Singh and Vikash Chandra Singh. To secure the loan facility deceased Apuwa

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OA 667 of2022IJl

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Singh and Vikash Chandra Singh have executed various loan and security documents.

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The applicant bank, as per demand of the borrowers in accordance with schedule of payment of college fee, disbursed the amount of loan either directly to the College or through the borrower who in token of receiving the same acknowledged thereon and the education loan was granted towards payment of college fee year wise hence for each year demands were made and accordingly disbursement through Demand Drafts prepared in favour of college.

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During such period, it was informed by Nupur Singh, mother of Apuwa Singh and wife of Vikash Chandra Singh that both died on 09.03.2019. Thereafter she also submitted a letter dated 20.12.2019 incorporating the death certificates of borrowers acknowledging therein the loan but showed her inability to liquidate the same.

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After availing the sanctioned credit facility, the defendant became irregular in repayment of the dues as per agreed terms and failed to adhere to the financial norms of the bank and avoiding the repayment of its dues to the bank, in spite of several assurances given by it to the applicant bank resulting in the account turning as NPA on 24.12.2020.

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Since, the defendant failed and neglected in spite of several reminders to make payment of the dues recoverable to the bank, hence this application has been filed by the bank.

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The total liability in the loan account is Rs.25,45,915.00 as on 24.10.2022 with pendente-lite and future interest contractual rate from 25.10.2022 till the realization.

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This Tribunal issued summon/notice copies of application & paper book to the defendant by registered/speed post on 23.01.2023, requiring her to show-cause within 30 days of the service U/s 19 (4) of the Act & Rule of the DRT [Procedure] Rules. 1993

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OA 667 of 20221Jl

In response to the notice. the defendant has appeared by filing vakalatnama on 10.04.2023 and has also filed written statement on 08.05.2023 stating that the present defendant is nowhere in the process of borrowing the loan from the applicant bank and the borrower namely Apurva Singh opted for financial assistance by way of education loan for pursuing MBA Course. For financial assistance Apuwa Singh along with her father Vikash Chandra Singh submitted their ID proofs on 22.05.2017 and thereafter education loan of Rs.19 Lakh was sanctioned after execution of agreement dated 24.05.2017 in favour of the applicant bank. It has farther been that on submission of death certificate of guarantor i.e. father Vikash Chandra Singh i.e. 09.03.2019 and death of Apurva Singh caused on 20.12.2019 and as per Annexure A/7 of the OA, the present defendant requested to the bank to exempt her for repayment of loan since she has unable to pay the same due to lack of income vide her application dated Dec. 2019.

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The defendant has also filed written notes of arguments stating that the present defendant is denying the entire allegation attributed against the present defendant except those which are admitted one on the basis of the record and the present defendant is not concerned with so called document of loan and requested to dismiss the OA.

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To prove its case, the applicant Bank has referred various certified photocopies of documents before this Tribunal. The applicant bank has also given evidence on affidavit by way of affidavit by Shri Anil Kumar, Legal Manager of the applicant bank. The details of documents are as follows:

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Sl.No	Descriptionof Documents Photocopies	Date of Execution	IAmount 1(in Lakh~	Signa Executa	ture of nts	Ex./ Ann No
1	Loanapplication			Deceas Singh Chandr	ed Apurva & Vikash a Singh	1
2	Sanction memorandum	4		Bank decease & Vi Singh	accepted by dApuwaSingh kash Chandra	2
3	Education loan agreement	2	M	Deceas Singh Chandr	ed Apurva & Vikash a Singh	3
4	Specimensignature card	24.05.2017		Bank		4
5	BPDRagreement	24.05.2017	19.00	Decease Singh	d & ^m> Vikash

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Plesidi8B OBice1 Dna Re®vea Tribunal PATNA

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OA 667 of20221J

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DRT, PATNA

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		Chandra Sin
Letter	08.06.2018	Bank
Letter	20.12.2019	Defendant
Notice	07.01.2021	Bank
Statementofaccount		Bank

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Heard arguments and perused the case record. During the course of arguments, there is no any specific denial on behalf of the defendant with regards to the sanction of loan facility and its utilization by the deceased borrower and guarantor and further there is no any specific denial with regards to the execution of loan and security documents by the deceased borrower and guarantor in favour of the applicant bank. The defendant has requested to exempt from liability as she is the legal representative of the deceased guarantor Vikash Chandra Singh.

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Ld. Counsel of applicant bank submitted that the deceased Apuwa Singh & Vikash Chandra Singh have taken the loan and utilized the same and also executed the various loan documents to secure the loan. Further, submitted that the claim of the bank has been proved by documentary evidence. All the transactions were entered in the ledger of the loan accounts in the name of the defendant duly maintained by the applicant bank in its usual course of business. The interest /compound interest has been charged at such rates, and capitalized at such periodical rests as are permitted by and do not run counter to the directives of Reserve Bank of India.

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It is further submitted by Id. Counsel of applicant bank that there is no stay granted by any Higher Court, in respect of the proceedings of the present OA and requested to issue recovery certificate, as claimed for, in OA.

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It has been established that defendant is living and carrying on the business in the state of Bihar. Cause of action also arose in the State of Bihar. The said claim on the date of filing of application exceeded Rs.20 lacs. The applicant bank is functioning within the jurisdiction of this Tribunal. Therefore, this Tribunal has territorial as well as pecuniary jurisdiction to adjudicate upon the present application.

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On the issue of Limitation, to prove it, the applicant bank has submitted that the applicant bank has declared the account as NPA on 24.12.2020, whereas the present application has been filed on 14.12.2022. Even, it is counted for the purpose

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Presldia8 OIDen Debts Recovery Tribww PATN A

OA 667 of20221JI

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of Limitation, then it is established that the applicant bank has filed the case within the limitation period. As such, it is established that the present application has been filed well within the period of limitation.

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Shri Anil Kumar, Legal Manager of the applicant bank has filed the affidavit in support of contents of application and the documents as evidence and proved on oath the pleadings and documents of the applicant bank as stated above.

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Section 19(3) of the Recovery of Debts and Bankruptcy Act, 1993 provides that the application u/s S.19 (1) shall be accompanied with true copies of all the documents relied on in support of the claim.

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The rule 12 (10) of the Debt Recovery Tribunal (Procedure) Rules, 1993, provides that if the defendant denies his liability to pay the claim made by the applicant, the tribunal may act upon the affidavit of the applicant who is acquainted with the facts of the case or who has on verification of the record sworn the affidavit in respect of the contents of the application and the documents as evidence.

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The rule 12 (11) of the aforesaid Rules, provides that the provisions contained in section 4 of the Banker’s Books evidence that Act. 1891 (18 of 1891) shall apply to a certified copy of an entry in a Banker’s Books furnished along with application filed under sub section 1 of section 19 by the applicant.

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Section 4 of Banker’s Books evidence Act, 1891 runs as underS.4. Mode of proof of entries in bankers’ books.–Subject to the provisions of this Act, a cert Bed copy of any entry in a banker ’s book shall in all legal proceedings be received as prima facie evidence of the existence of such entry, and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent as, the original entry itself is now by law admissible, but not further or otherwise.

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As such the certified true coples of the documents are admissible In evidence. The statement of account maintained in the ordinary course of business is not only admissible but shall be taken as the correct statement of account, more so since the entries in the statement of account have not been challenged.

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On perusal of the application, documents, affidavit and on consideration of the arguments, it is proved that the deceased Apurva Singh & Vikash Chandra Singh have applied for loan and the bank had sanctioned the loan and to secure the loan and for repayment of loan amount with interests etc., the deceased Apurva Singh & Vikash Chandra Singh have executed various loan documents, as stated in the application and proved by aforesaid evidence. Defendant has neither denied the

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DRTq PATNA

OA 667 of2022jJI

utilization of funds advanced by applicant bank nor has pointed out any specific error and discrepancy in the Statement of Account.

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The evidence discussed above goes to establish that the amount of loan as mentioned in the O.A., was availed by the borrower under the agreed terms and conditions for repayment with interest. The balance amount till 24.10.2022has been proved to be Rs.25,45,915.00 only by way of statement of account. There is nothing to prove the amount more than that disclosed in the aforementioned statement. As such this amount is recoverable till full and final realization of the claim.

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The defendant is the legal representative of the deceased guarantor Vikash Chandra Singh hence the defendant is liable to pay the dues of the applicant bank with interest and other legal charges to the extent of inherited properties from her deceased husband Vikash Chandra Singh.

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In my view, facts of the case stand proved by evidence of the applicant bank. Accordingly, the applicant bank is entitled to recover from defendant of Rs.25,45,915.00 along with pendente-lite and future interest @8% p.a. simple from 14.12.2022 (The date of filing of this OA) till realization. So the final order may be passed accordingly, to meet the ends of justice.

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ORDER

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In the result, the application of the applicant bank is allowed and debt is determined with costs against the defendant. The defendant is hereby, ordered to pay the applicant bank its debt amounting to Rs.25,45,915.00 along with pendentelite and future interest @ 8% p.a. simple from 14.12.2022 (The date of filing of this OA) till realization of the entire sum due and recoverable with costs.

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It is made clear that the defendant is liable to pay the dues of the applicant bank with interest and other legal charges to the extent of inherited properties from her deceased husband Vikash Chandra Singh.

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It is further made clear that any amount deposited by the defendant, be deducted in the claim amount, if not deducted.

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Defendant is debarred from transferring, alienating encumbering or otherwise dealing with or disposing of the mortgage(i or hypothecated or any other properties and assets without paying the aforesaid adjudicated dues to the applicant

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PrestIEa8 Often Debt8 Recovery TrIbunAI PAT NA

OA 667 of20221JI

DRT, PATNA

bank to secure the ends of justice. The mortgaged or hypothecated assets to secure the loan in question are hereby attached and shall be subject to the final order under the recovery proceedings in pursuance of the Recovery certificate issued under Section 19(22) of Recovery of Debts and Bankruptcy Act 1993. The applicant may submit the certified copy of this Judgment and the Recovery Certificate before the Registrar/Sub- Registrar to endorse the charge over the secured assets.

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Let a certificate of recovery be drawn up forthwith and put up for signatures in terms of provisions contained in Section 19(22) of the Act to be issued, on the basis of the order of the Tribunal to the Recovery Officer. The Recovery Officer shall realize the amount as per the certificate in the manner and mode prescribed under the Act from the defendant, by sale ofmortgaged/ hypothecated assets as well as other personal movable/immovable assets of the defendant. The Recovery Officer will issue demand notice to the Certificate debtors only after the proof of compliance under rule 16 of DRT (Procedure) Rules 1993, is submitted. The copy of this judgment be uploaded in the website of the Tribunal.

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Parties are directed to appear before the Recovery Officer, DRT, Patna on 09.03.2026. The order be communicated accordingly.

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Judgment signed, sealed, dated and pronounced in the open court on 27th day of January, 2026.

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Dictated &corrected by me.

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[KaushalendraYadav] Presiding Officer Debts Recovery Tribunal, Patna nest ang Oflca Debts Recovery Tribunal PATNA

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FORM NO. 9 [See Regulation 24(1 )]

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DEBTS RECOVERY TRIBUNAL PATNA

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2nd Floor! (A. B & F who

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Kmpuri Thakru Sachnl Kentkiya Karamchui Parism (GPOA), Ashiana Digha Road, Patna800025 .

B£NgJaZ2026 IN

Case No: OA/667/2022

In the Matter of:

(CH- 1) CANARA BANK BRANCH AT BHAGALPUR, M.G. ROAD, OPPOSITE TELEGRAPHIC OFFICE, BHAGALPUR ,BIHAR -0

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Applicant(s)

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(CD- 1) NUPUR SINGH . W/o Late VIkash Chandra Singh Resident of T.N. Singh Lane, Opposite, Dr. Shankar, Court Compound, Bhagalpur ,BIHAR -812001

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Defendant(s)

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Fiv$ Thousands Nine Hundred Fifteen

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In terms of fInal order dated 27/01/2026 passed by this Tribunal in the above mentioned case, it is ordered that the Applicant Certificate Holder Bank is entitled to recover a sum of Rs. 2545915.00 along with cost> expenses and interest from the 14/12/2022 i.e. date of filing / with efFective date of the OA/667/2022 and future interest from order date till the date of realisation in full, jointly or severally from the Certificate Debtors, hereinafter referred to as:-

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Name	Int. I Int. Drpe/Mode	IEffective Date	Order Date	*„„„„®oI	LW::w	nterest H 8;d'= Date)	RC ,mount(Rs.)	lemark
INGH	1(Yearly)	14/12/2022l	27/01/202	15915.oo 6	iIFuUy	terest Order	145915

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In case of failure to pay the aforementioned adjudicated amount within 30 days, same shall be recovered from the sale of the mongaged/hypothecated assets as well as other personal movable/ Immovable assets of the certificate debtors.

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The mongaged or hypothecated assets to secure the loan in question are hereby attached and shall be subject to the final order under the recovery proceeding in pursuance of the Recovery certificate issued under Section 19(22) of Recovery of Debts and Bankruptcy Act 1993. Parties are directed to appear before MANOJ KUMAR , Recovery OBicer, DEBTS RECOVERY TRIBUNAL PATNA on 09/03/2026

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The Recovery Omcer shall realize the amount as per this Certificate in the manner and mode prescribed under Sections 25 to 28 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (as amended from time to time) hom the above named Certificate Debtors.

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It is made clear that the defendants is liable to pay the dues applicant bank with interest and other legal charges to the extent of inherited properties from her deceased husband Vikash Chandra singh

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This Certificate has been issued under my signature and seal of the Tribunal on this 06/02/2026

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\ /- L4 DEBTS RECOVERY TRIBUNAL PATNAPRESIDrXG OFFICER Registrar Debts Recovery Tribunal Patna

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FORM NO. 10

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[See Regulation 24(2)]

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DEBTS RECOVERY TRIBUNAL PATNA

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2nd Floor, (A. B & F Wing) Karpuri Thakur Sadan, Kendriya Karamchari Parisar

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(GPOA), Ashiana Digha Road, Patna-800025 .

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SCHEDULE TO RECOVERY CERTIFICATE MEMO OF COSTS

RC No. 80/2026

Case No: OA/667/2022

Applicant(s): CANARA BANK

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Versus

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Defendant(s): NURPUR SINGH

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ItemofCosts	I Amount inRs
)	m2
r	ro
®dvocateFees	@
r =	@
e	[0
mo iiiin	lm2

Place: PATNA

PRESIDING dFFICER

Date: 06/02/2026

Note: Strike out whichever is not applicable

Canara Bank v. Nupur Singh

Case brief

What is this about?

What did the court decide?

Canara Bank v. Nupur Singh

Case brief

What is this about?

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