Disposed

Shri Madangopal R. Agarwal & Anr. v. Hdb Financial Services Ltd. & Anr.

DRAT30 Mar 2022REGULAR APPEAL/44/2018

Case brief

AI extract

What is this about?

The Tribunal disposed of the appeal based on Consent Terms signed by parties. It addressed objections regarding service and multiple reliefs, allowing disposal of the current appeal while noting refunds of pre-deposit require a separate application.

What did the court decide?

The appeal disposed of by recording the terms of the settlement; Consent Terms form part of the order.

Shri Madangopal R. Agarwal & Anr. versus Hdb Financial… — Banking and Recovery | DRAT (2022)

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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT : MUMBAI Present : Mr. Justice Ashok Menon, Chairperson

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Appeal No. 44/2018

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Between

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Shri Madangopal Ramniwas Agarwal & Anr. … Appellant/s V/s.

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The Authorized Officer, HDB Financial Services …Respondent/s Ltd. & Anr.

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Mr. Anshul Anjarlekar, i/b M/s. Raval Shah & Co., Advocate for Appellants.

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Mr. Shadab Khan, i/b Mr. R. L. Motwani, Advocate for Respondent No.2.

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Mr. Mangesh Khandait, Legal Manager, of Respondent No.1.

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-: Order dated : 30/03/2022 :-

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Learned counsel for Appellants submits that application i.e. Diary No. 37/2021 has been filed for disposal of the Appeal in accordance with the Consent Terms. The parties have signed the Consent Terms and have agreed to disposal of the matter.

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The Registry has raised objections on few grounds. The first ground is regarding the service, but it seen that Officer of the Respondent No.1 is present in person, therefore, service on Respondent No.1 is not necessary and the Consent Terms have also been signed by Respondent No.2 so that takes care of objection on No.11. The objection as regards to claiming more reliefs in the application, it is seen that in the relief portion, Appellant seeks disposal of the Appeal as well as the S.A. No. 84/2018 pending

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before the D.R.T., Pune, so this prayer cannot be allowed in this Appeal and Appeal alone can be disposed of by recording relief in para 10 (b) of the application. The Appellant seeks refunds of the amount, with accrued interest thereon, which was deposited before this Tribunal pursuant to the order in M.A. No. 487/2018 dated 16.08.2018. This relief is a consequential relief which can be allowed, but the Appellants will have to file a separate application for seeking refund of pre-deposit.

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Hence, recording the other terms of consent application and also further Consent Terms which have been filed today, the Appeal is disposed of recording the terms of the settlement and the amount of pre-deposit lying with this Tribunal can be released to the Appellant provided a separate application is filed. The Consent Terms acceptable as stated above, shall form part of this order.

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All Miscellaneous Applications, if any, are dismissed as infructuous.

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dpj/mks-10

Shri Madangopal R. Agarwal & Anr. v. Hdb Financial Services Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

Shri Madangopal R. Agarwal & Anr. v. Hdb Financial Services Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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