The Tribunal disposed of the recovery case based on a full settlement. Defendants deposited full claim amount leading to discontinuance. Application for 50% court fee refund was allowed per relevant rules.
OA No.319/2022 dismissed as not pressed due to settlement; OA No.2012/2022 allowed for refund of Rs.15,000/- representing 50% 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-2, KERALA AT ERNAKULAM
Present: SRI. SOVAN KUMAR DASH
PRESIDING OFFICER
Dated this the 17th day of October, 2022
ORIGINAL APPLICATION No. 319/2022
Between
State Bank of India, SARB, 7th Floor, Vankarath Towers, Palarivattom Bypass Junction, Ernakulam-682024.
…Applicant
And
FINAL ORDER
Learned counsel for the applicant is present. IA.No.2011/2022 is put up for consideration. It is contended that the claim raised by the applicant bank is settled with the defendants. Accordingly, defendants have already deposited a sum of Rs.27,82,233/- on 29.07.2022 towards full and final claim made in the Original Application. Nothing remains to be recovered by the applicant bank from the defendants. Hence prayed to dismiss the case as not pressed.
-2-
One Smt.Sobhana Balakrishnan Nair, Chief Manager of the applicant has filed affidavit stating that the claim is settled with the defendants. Nothing remains to be recovered by the applicant bank from the defendants. As the claim is settled between the parties on full and final satisfaction, the IA.No.2011/2022 is allowed. The OA is disposed in view of full and final settlement by way of compromise.
Applicant bank also filed IA.No.2012/2022 for refund of eligible court fee. As original application is disposed in term of compromise, as per the provision of Debts Recovery Tribunal (Refund of Court Fee) Rules 2013, the learned Registrar has given endorsement that the applicant bank is entitled for refund of 50% of the court fee. Since the OA is disposed in terms of compromise, IA.No.2012/2022 is allowed. The Registry is hereby directed to refund legally eligible amount of court fee to the applicant bank i.e,50% to the total amount of Rs.30,000/- amounting to Rs.15,000/- to the applicant bank as per the above Rules.
Sd/-
( SOVAN KUMAR DASH) PRESIDING OFFICER
IN THE DEBTS RECOVERY TRIBUNAL-2, KERALA AT ERNAKULAM
Present: SRI. SOVAN KUMAR DASH
PRESIDING OFFICER
Dated this the 17th day of October, 2022 ORIGINAL APPLICATION No. 319/2022
Between
State Bank of India, SARB, 7th Floor, Vankarath Towers, Palarivattom Bypass Junction, Ernakulam-682024.
…Applicant
And
…Defendants
3 issues framed by the court
Whether the Original Application No.319/2022 should be disposed off given that the claim was settled and deposit was made.
Whether the applicant is entitled to refund of 50% of court fee upon disposal of the case in terms of compromise.
Determination of the refundable court fee amount under the Debts Recovery Tribunal (Refund of Court Fee) Rules 2013.
1 provisions across 1 enactments
State Bank of India, SARB
Srishti Constructions
Sureshkumar A
Sovan Kumar Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
