SUCHITRA HIRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M. K. Choudhury, learned Sr. Counsel assisted by Ms. N. Ahmed, learned counsel for the petitioners and Mr. N. Baruah, learned counsel for UCO Bank.

(2.) Petitioners are the legal heirs of Late Moneswar Hira who was the guarantor of Sri Pankaj Hira, respondent No. 6, who had availed loan from UCO Bank, Tezpur Branch. Moneswar Hira had mortgaged his residential property as security for the loan obtained by respondent No. 6. For failing to repay the loan, it was termed as Non-Performing Asset (NPA) whereafter UCO Bank, Tezpur Branch initiated recovery proceeding under the Recovery of Debt and Bankruptcy Act, 1993 (1993 Act) by instituting OA No. 232/2012 before the Debts Recovery Tribunal, Guwahati (Tribunal). In the said original application, Moneswar Hira was arrayed as defendant No. 2. However, before institution of the original application, Moneswar Hira had expired on 18.11.2010.

(3.) An application was filed by some of the legal heirs of Moneswar Hira before the Tribunal stating that Moneswar Hira had already expired on 18.11.2010. Therefore, the proceeding could not be instituted or continued against a dead person; thus it should be treated as having abated in so far the dead person was concerned. An order was passed by the Tribunal on 04.02.2013 directing UCO Bank to amend the original application by substituting the deceased person by his legal heirs.