The Tribunal allowed interim applications for release of pre-deposit amounts held in Fixed Deposits with Bank of Baroda. The appeals were subsequently dismissed as withdrawn upon settlement.
Directions issued for release of pre-deposit amounts from FDRs; appeals dismissed as withdrawn.
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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Misc. Appeal No. 496/2018 Arising out of S.A. No. 266/2018 (DRT-I, Delhi)
Ranjeet Mishra Vs Ms. Priyanka Bhatia & Ors.
&
Misc. Appeal No. 495/2018 Arising out of S.A. No. 264/2018 (DRT-I, Delhi)
Varinder Kumar Gandhi & Anr. Vs Ms. Priyanka Bhatia & Ors.
18.04.2022 Hon’ble Mr. Justice Brijesh Sethi
Present: Mr. Raman Gandhi, Ld. counsel for the appellant.
Mr. Arun Aggarwal, Ld. counsel for respondent Bank i.e. Bank of Baroda.
These matters have been taken up by me through Video Conferencing.
I.A. No.98/2022 in Misc. Appeal No.496/2018 & I.A. No.97/2022 in Misc. Appeal No.495/2018
By these two applications filed under Section 151 of CPC, Ld. counsel for the appellants have prayed for issuing direction for release of the amounts deposited by the appellants with this Tribunal by way of pre-deposit at the time of filing of the appeals, which are lying in FDRs with Bank of Baroda, Pataudi Branch, Gurugram, Haryana.
Ld. Counsel for the respondent bank has no objection to the release of the same.
Ld. Counsel for the appellant states that it requires to be done at the earliest for the reason that the time for depositing the amount with the respondent bank expires tomorrow, i.e. 19.04.2022.
Ld. counsel for the parties state that amounts are lying in the form of FDRs with Bank of Baroda, Pataudi Branch, Gurugram and since this matter relates to respondent bank’s branch situated at Parliament Street, New Delhi, the amounts be transferred to the account No.62360015181869 (IFSC BARB0SARDEL) maintained with the Parliament Street Branch, New Delhi.
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Request of the parties is allowed. Let the Registry issue letter to the Bank concerned to do the needful in the matter and appropriate steps be taken by both the parties i.e. appellant as well as respondent bank to give effect to this order for release of the amount along with accrued interest so that the purpose of moving the applications does not get defeated.
In view of above, the learned counsel for the appellants states that the appeals may be dismissed as withdrawn.
The appeals stand dismissed as withdrawn, since all the litigations has come to an end. The excess amount, if any, will be returned to the appellants by the bank.
The date already fixed i.e. 22.04.2022, stands cancelled.
Copy of this order be provided to the parties dasti.
(CHAIRPERSON)
-pk
1 issue framed by the court
Whether directions should be issued for release of pre-deposit amounts held in FDRs with the respondent bank.
1 provisions across 1 enactments
Ranjeet Mishra
Varinder Kumar Gandhi
Ms. Priyanka Bhatia
Bank of Baroda
Brijesh Sethi
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
