Bank of Baroda withdrew an original recovery application after receiving Rs.7 lakhs from debtors under a One Time Settlement scheme. The Tribunal dismissed the principal claim as discharged and ordered a refund of court fees.
Interlocutory application for withdrawal allowed; Principal OA dismissed; Court fees refunded.
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
| 22. Sr. |
11.20 No.72 |
22 OA No.17/2022 |
|---|---|---|
| Classific ation |
No. of Exh. |
|
| INTERLOCUTORY APPLICATION NO.1491/2022 IN ORIGINAL APPLICATION No.17/2022 Bank of Baroda ..Applicant Versus Apeksha Pravin Lahare & others ..Defendants Mr. Sameer J. Pande – Advocate for the applicant. None for 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.25,42,008/- (Rupees Twenty-Five Lacs Forty-Two Thousand and Eight Only). The applicant submits that the matter is amicably settled between the parties under One Time Settlement scheme for an amount of**Rs.7,00,000/- (Rupees Seven Lacs only)**and the entire amount has been paid as per settlement and account is closed. 2. The applicant therefore, seeks permission of this Tribunal to withdraw the Original Application. The applicant also seeks refund of the court fees. 3. The applicant has made out the case for withdrawal of the original application and refund of the court fees. 4. In view of the above, I pass the following order through Video Conference: ORDER A. Interlocutory Application No.1491/2022 is allowed. |
[SBJ] (OA No.17/2022) Page 1 of 2
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
Original Application No.17/2022 is dismissed as the bank has recovered the dues and nothing remains to be paid.
C. Consign the file to the Record Room.
(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad
[SBJ] (OA No.17/2022) Page 2 of 2
2 issues framed by the court
Whether original application be dismissed after partial recovery via One Time Settlement?
Whether court fees be refunded upon withdrawal due to settlement?
1 provisions across 1 enactments
Bank of Baroda
Apeksha Pravin Lahare
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
