The DRTA allowed the Appellant's application for refund of pre-deposit amount and accrued interest after the matter was settled post-dismissal of the principal appeal. The Respondent Bank cannot appear as a No-dues certificate was issued.
Refund of pre-deposit amount with accrued interest to be released to the Appellant on proper acknowledgment.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson M.A. No. 82/2023(RoM)
In
(Misc. Appeal No. 94/2023-Disposed of)
Between
Pramod Wasudeo Harshe … Appellant/s V/s.
Bank of Baroda & Anr. …Respondent/s Mr. Kushal Sawant, i/b Mr. Puneet Gogad, Advocate for Appellant.
-: Order dated: 24/08/2023:-
The matter is taken up for hearing by way of a praecipe filed by the Appellant for seeking urgent relief. This is an application filed by the Appellant for a refund of the pre-deposit amount. The appeal was already disposed of and it is submitted that the matter has now been settled with the Respondent Bank and that the Respondent Bank has issued a “No-dues certificate” on 20.06.2023.
In view of the submissions made the notices have been served on the Respondent but none appeared.
The application is allowed and the amount in deposit together with accrued interest shall be released to the Appellant on proper acknowledgment.
rm-8
1
1 issue framed by the court
Whether the Pre-Deposit amount with accrued interest should be released to the Appellant after settlement with Respondent Bank
1 provisions across 1 enactments
Pramod Wasudeo Harshe
Bank of Baroda & Anr.
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
