Allowed

State Bank of India v. Sanjivani Health Center

DRT13 Dec 2022OA/132/2022

Case brief

AI extract

What is this about?

In an interlocutory application, the applicant bank sought withdrawal of an Original Application due to a full and final settlement. The Tribunal allowed the withdrawal, dismissed the main application, and ordered the return of documents after the appeal period while initiating refund of court fees.

What did the court decide?

Allowed withdrawal of Original Application No.132/2022, dismissed the original application, ordered return of documents post-appeal period, and initiated refund of court fees.

State Bank of India versus Sanjivani Health Center — Banking and Recovery | DRT (2022)

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IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD

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(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)

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ORDER SHEET

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13.12.2022
Sr. No.61 OA No. 132/2022
INTERLOCUTORY APPLICATION NO. 1703/2022
IN
ORIGINAL APPLICATION NO. 132/2022
State Bank of India ..Applicant
Versus
Sanjivani Health Center, through its partner
Sangeeta Rajendra Muley & another ..Defendants
Mr. P. S. Agrawal - Advocate for the applicant-bank.
None for the defendants.
The matter is taken through VC.
1. By this interlocutory application the applicant bank
seeks permission of this Tribunal to withdraw the Original
Application for an amount of Rs.34,28,232/-(Rupees Thirty-
Four Lacs Twenty-Eight Thousand Two Hundred Thirty-
Two Only). The applicant submits that the matter is settled
between the parties under compromise / settlement for an
amount of Rs.28,50,000/- (Rupees Twenty-Eight Lacs
Fifty Thousand only) and the entire amount of settlement
has been paid as full and final and account is closed.
2. The applicant therefore, seeks permission of this Tribunal to
withdraw the Original Application. The applicant also seeks
return of original loan documents and refund of the court
fees.
3. The applicant has made out the case for withdrawal of the
original application, return of original loan documents and
refund of the court fees.
Classifi cation No. of Exh.

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[SBJ] (OA No.132/2022) Page 1 of 2

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IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD

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(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)

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ORDER SHEET

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In view of the above, I pass the following order through Video Conference:

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ORDER

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A. Interlocutory Application No.1703/2022 is allowed. Original Application No.132/2022 is dismissed.

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B. As per DRT Regulation 25, other Original loan documents if any filed 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.

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C. 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.

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D. Consign the file to the Record Room.

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(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad

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[SBJ] (OA No.132/2022) Page 2 of 2

State Bank of India v. Sanjivani Health Center

Case brief

What is this about?

What did the court decide?

State Bank of India v. Sanjivani Health Center

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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