The DRT, Aurangabad disposed of Miscellaneous Application No.80/2022 filed by Bank of Maharashtra. The court allowed the application, directing the return of original documents after appeal/review periods expire and ordering a refund of court fees under 2013 Rules.
Allowed return of original documents and directed refund of court fee.
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 TRIBUNAL,AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD) ORDER SHEET
| 2 S |
1.12.20 r. No.1 |
22 7 M.A No.80/2022 |
|---|---|---|
| Classifi cation |
No. of Exh. |
|
| MISCELLANEOUS APPLICATION No.80/2022 | ||
| Bank of Maharashtra ..Applicant/s Versus Babaji Hariji Karpe Patil Pratishthan & others ..Respondents Mr. M.M. Dabholkar – Advocate for the applicant. None for the respondents. 1. By this Misc. Application, the learned counsel for the applicant bank submits that as the account is amicably settled between the parties and the applicant-bank and the applicant- bank have received Rs.3,08,00,000/- (Rupees Three Crores Eight Lacs only) on 01stJune, 2022 in full settlement of dues and upon settlement the Original Application No.03/2022 disposed off. However, orders as to return of original documents and refund of court fees remain to be passed. The counsel for the applicant prayed for return of original documents and refund of the court fees. 2. The applicant has made out the case for return of original documents and refund of the court fees. 3. In view of the above, I pass the following order through Video Conference: ORDER |
||
| A. Miscellaneous Application No.80/2022 is allowed. |
[SBJ] (MA No. 80/2022) Page 1 of 2
IN THE DEBTS RECOVERY TRIBUNAL,AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
A. As per DRT Regulation 25, other Original documents if
any filed in the Original Application No.03/2022 be
returned by keeping certified copies on record through
Authorised Officer only after the time of appeal or review
is gone and not before that.
B. Registry to take appropriate steps for refund of court fee
as per Rule 5 of the Debts Recovery Tribunal (Refund of
Court Fees) Rules, 2013.
C. Consign the file to the Record Room. (Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad
[SBJ] (MA No. 80/2022) Page 2 of 2
2 issues framed by the court
Whether the application for return of original documents and refund of court fees should be allowed after account settlement.
Whether the account of the Miscellaneous Application No.80/2022 stands closed upon return of documents and refund of court fees.
Bank of Maharashtra
Babaji Hariji Karpe Patil Pratishthan & others
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
