The court granted permission to withdraw the appeal as the matter was settled between parties. Subsequently, the application for refund of the fee deposited under Section 18 of the SARFAESI Act was allowed.
Permission to withdraw appeal accorded; Application for refund of amount deposited under Section 18 of SARFAESI Act allowed.
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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
R.A(S.A):117/2019
Mr.M.Jayamani V/S M/S Arcil
13/12/2022
Advocate for appellant sought permission to withdraw the appeal on the ground that matter is settled between parties and made an endorsement to that effect in the Appeal Memorandum.
Considering the same, permission is accorded and Appeal RA(SA) 117/2019 is dismissed as withdrawn.
This application is filed seeking refund of amount deposited under Section 18 of SARFAESI Act for entertaining the appeal.
Advocate for appellant submitted that appellant repaid the entire amount to respondent bank on 3.11.2022 and ‘No Objection Certificate’ is issued on the same date. It is submitted that in view of the same appellant is entitled for refund of money deposited on 8.7.2019 in terms of orders of Hon’ble High Court of Madras. Advocate for respondent has no objection for refund of money deposited.
Considering the reasons stated in the affidavit, application is allowed as prayed for, directing the Office to refund the money deposited with accrued interest, if any.
Sd/Chairperson
2 issues framed by the court
Whether the appellant is entitled to refund of amount deposited under Section 18 of SARFAESI Act for entertaining the appeal.
Whether permission is required for withdrawal of the appeal.
1 provisions across 1 enactments
Mr. M. Jayamani
M/S Arcil
Chairperson
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
