Allowed

State Bank of India v. Ms Gugleshwar Industries

DRT22 Nov 2022OA/338/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank to withdraw the original application for recovery of an NPA settlement matter. The court dismissed the main application as dues were fully recovered and directed the return of documents and refund of court fees post-appeal period.

What did the court decide?

Interlocutory application allowed; main application dismissed; documents to be returned post-appeal; court fee to be refunded.

State Bank of India versus Ms Gugleshwar Industries — Banking and Recovery | 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. Sr.	11.20 No.36	22 OA No.338/2022
Classific ation	No. of Exh.
		INTERLOCUTORY APPLICATION NO. 1425/2022 IN ORIGINAL APPLICATION No.338/2022 State Bank of India ..Applicant Versus M/s. Gugleshwar Industries through its Proprietor Kailas Manikrao Dakh & another ..Defendants Mr. P.S. Agrawal – 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.32,30,598/- (Rupees Thirty-Two Lacs Thirty Thousand Five Hundred and Ninety-Eight Only). The applicant submits that the matter is amicably settled between the parties for an amount ofRs.28,50,000/- (Rupees Twenty-Eight Lacs Fifty Thousand only)and 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 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.

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[SBJ] (OA No.338/2022) 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.1425/2022 is allowed. Original Application No.338/2022 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 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 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. (Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad

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[SBJ] (OA No.338/2022) Page 2 of 2

State Bank of India v. Ms Gugleshwar Industries

Case brief

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State Bank of India v. Ms Gugleshwar Industries

Case brief

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