This common order records the admission of a Memorandum of Compromise received in four recovery appeals. The Tribunal recorded full satisfaction based on bank memos and appellant endorsements, dismissing the appeals as withdrawn.
The appeals were dismissed as withdrawn with full satisfaction recorded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT CHENNAI
Dated the 6th of November, 2024
PRESENT: Hon’ble Mr. Justice G. Chandrasekharan CHAIRPERSON
R.A:59/2015, R.A:62/2015, R.A:65/2017 and R.A:66/2017
(OA 106/2009 and OA 105/2009, on the file of DRT- I, Chennai)
R.A.No.59 OF 2015
Between
Kotak Mahindra Bank Ltd., Asset Reconstruction Division 39, 1st Floor, Ceebros Centre Montieth Road, Egmore Chennai - 600 008
… Appellant
-Vs-
Also at:
No.2, Beaumont Gardens, London NW 37TF
Also at:
No.2, Beaumont Gardens, London NW 37TF.
1
Between
Kotak Mahindra Bank Ltd., Asset Reconstruction Division 39, 1st Floor, Ceebros Centre Montieth Road, Egmore Chennai - 600 008 ….. Appellant And 1.Mrs. S. Jayanthi Senthil Nathan 77/4, Gulmohar Avenue Velachery, Chennai 600 032. Also at:
No.2, Beaumont Gardens, London NW 37TF
No.2, Beaumont Gardens, London NW 37TF
3.M/s.SNJ Property Management Pvt. Ltd. Old No.21, New No.18, T.T.K. 1st Cross Street, Alwarpet, Chennai 600 018. … Respondents
R.A.NO. 65 OF 2017
2
Between 1.Dr. M. Senthil Nathan 2.Mrs. S. Jayanthi Senthil Nathan
Both residing at 77/4, Gulmohar Avenue Velachery, Chennai 600 032.
Both also at
No.2, Beaumont Gardens, London NW 37TF Both Appellants 1 & 2 represented by Power Agent Mr.N.P. Dhennan
… Appellants
And
Between
1.Mrs. S. Jayanthi Senthil Nathan 2.Dr. M. Senthil Nathan
3
Both residing at 77/4, Gulmohar Avenue Velachery, Chennai 600 032. Both also at No.2, Beaumont Gardens, London NW 37TF Both Appellants 1 & 2 represented by Power Agent Mr.N.P. Dhennan … Appellants And 1. Kotak Mahindra Bank Ltd., Asset Reconstruction Division 39, 1st Floor, Ceebros Centre Montieth Road, Egmore Chennai - 600 008. 2.M/s.SNJ Property Management Pvt. Ltd. Old No.21, New No.18, T.T.K. 1st Cross Street, Alwarpet, Chennai 600 018. … Respondents Counsel for Bank (in MA 59/2015) : Mr. P. Rajaji for M/s. Iyer and Thomas Counsel for R1 and R2 (in MA 59/2015) :Mr. B. Ravi Raja Counsel for R3 (in MA 59/2015) : Mr. Nanda Gopal
4
COMMON ORDER
Memorandum of Compromise entered in all the four
cases on 21.10.2024, is filed before this Tribunal.
Learned Counsel for Bank filed two Memos in Appeals R.A:59/2015 and R.A:62/2015; one for recording full satisfaction and another for withdrawal of Appeals in R.A:59/2015 and R.A:62/2015.
It is seen from the Memos, the Bank has received a sum of Rs.8 Crores, in each Appeal, and prayed for recording full satisfaction and withdrawal of Appeals.
As regards the Appeals in R.A:65/2017 and R.A:66/2017, Learned Counsel for Appellants submitted that
the matter has been settled and sought permission to withdraw the Appeals in R.A:65/2017 and R.A:66/2017, and
made an endorsement to that effect on the Memorandum of Appeals.
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In the said circumstances, and in view of the Memos
filed by Appellant Bank R.A:59/2015 and R.A:62/2015 and in terms of endorsement made by Learned Counsel for Appellants, in R.A:65/2017 and R.A:66/2017, full satisfaction is recorded and all the four Appeals are dismissed as withdrawn.
The Memorandum of Compromise shall form part of Orders passed in these Appeals.
[Dictated to Athistamani, PS, in open court, transcribed by her, corrected and signed by me this 6th of November, 2024]
[ Justice G. Chandrasekharan] CHAIRPERSON
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Kotak Mahindra Bank Ltd.
Dr. M. Senthil Nathan
Mrs. S. Jayanthi Senthil Nathan
M/s. SNJ Property Management Pvt. Ltd.
G. Chandrasekharan
As recorded by the court registry
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Judgements on the same questions, provisions and authorities, from every court
