Allowed

State Bank of India v. Ujjawal Refinery Private Limited

DRT22 Nov 2022OA/4/2022

Case brief

AI extract

What is this about?

The DRT allowed an application withdrawing an original recovery application upon proof of settlement under the One Time Settlement scheme and full payment of dues. The court dismissed the main application, ordered document return upon appeal expiry, and directed court fee refund.

What did the court decide?

Interlocutory application allowing withdrawal of OA is allowed; OA dismissed; documents returned to court after appeal period; court fee refunded.

State Bank of India versus Ujjawal Refinery Private Limited — Company and Corporate | DRT (2022)

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IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD) ORDER SHEET

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22.11.2022
Sr. No.45 OA No.4/2022
INTERLOCUTORY APPLICATION NO.1202/2022
IN
ORIGINAL APPLICATION No.4/2022
State Bank of India ..Applicant
Versus
Ujjawal Refinery Pvt. Ltd. & others ..Defendants
Mr. Arun Rakh – Advocate for the applicant.
None for defendant
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.1,23,86,006.78Ps.
(Rupees One Crore Twenty-Three Lacs Eighty-Six
Thousand Six & Paisa Seventy-Eight Only). The applicant
submits that the matter is amicably settled between the
parties under One Time Settlement scheme and the entire
amount of Rs.50,00,000/- (Rupees Fifty Lacs only) 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 return of original documents and refund of the court
fees.
3. The applicant has made out the case for withdrawal of the
original application, return of original documents and
refund of the court fees.
Classific ation No. of Exh.

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[SBJ] (OA No.4/2022) 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.1202/2022 is allowed. Original Application No.4/2022 is dismissed as the bank has recovered the dues and nothing remains to be paid.

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B. As per DRT Regulation 25, other Original 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 may 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.4/2022) Page 2 of 2

State Bank of India v. Ujjawal Refinery Private Limited

Case brief

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State Bank of India v. Ujjawal Refinery Private Limited

Case brief

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