Allowed

Bank of Baroda v. Prabahkar Shankarrao Padole

DRT19 Oct 2022OA/263/2022

Case brief

AI extract

What is this about?

DRT allowed an application to withdraw an original filing with preference to proper court jurisdiction. Court granted withdrawal, dismissed application as withdrawn, returned documents, ordered refund of fees, and excluded time from limitation.

What did the court decide?

Interlocutory application allowed. Original Application dismissed as withdrawn. Documents returned. Court fees refunded. Time excluded from limitation.

Bank of Baroda versus Prabahkar Shankarrao Padole — Banking and Recovery | DRT (2022)

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

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ORDER SHEET

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19.1 Sr.	0.202 No.12	2 OA No.263/2022
Classific ation	No. of Exh.
		INTERLOCUTORY APPLICATION NO. 1481/2022 IN ORIGINAL APPLICATION No.263/2022 Bank of Baroda ..Applicant Versus Prabhakar Shankarrao Padole & others ..Defendants Mr. B. A. Panchal - Advocate for the applicant-bank. None for the defendants. 1. By this Interlocutory Application the applicant bank seeks permission of this Tribunal to withdraw the Original Application. 2. In this matter the learned counsel for the applicant submits that, they have filed withdrawal application as they want to file the matter in the proper jurisdiction of the trial court. 3. 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.
		4. The applicant has made out the case for withdrawal of the original application, return of original documents and refund of the court fees. 5. Since the Court was of the opinion with the fact that if remedy is persuaded in wrong court therefore the Original Application was returned. Accordingly, as per the various pronouncements of the Hon’ble Apex Court and the Hon’ble High Courts, the court fee paid by the applicant-bank has to be refunded.

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[SBJ] (OA No.263/2022) Page 1 of 2

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IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (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:
ORDER
A. The Interlocutory Application No.1481/2022 is
allowed. Original Application No.263/2022 is
dismissed as withdrawn. In view of this, the time
spent before this Tribunal will be excluded from the
limitation and they will be at liberty to pursue their
remedy before proper order.
B. Original documents if any filed to be returned.
C. Registry to refund of entire court fees to the
applicant.
D. Consign the file to the Record Room.
(Vimal Gupta)
Presiding Officer
Debts Recovery Tribunal, Aurangabad

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[SBJ] (OA No.263/2022) Page 2 of 2

Bank of Baroda v. Prabahkar Shankarrao Padole

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. Prabahkar Shankarrao Padole

Case brief

What is this about?

What did the court decide?

What the court decided

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