The Tribunal disposed of the creditor's petition after the debtor admitted liability and deposited the full claimed amount. The Tribunal allowed a refund of half the court fee to the bank based on settlement rules and closed related interim applications.
Court fee refund of Rs. 17,500 directed; interim application closed.
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IN THE DEBTS RECOVERY TRIBUNAL-2, KERALA AT ERNAKULAM
Present: SRI. SOVAN KUMAR DASH
PRESIDING OFFICER
Dated this the 28th day of September, 2022
ORIGINAL APPLICATION No. 375/2022
Between
Thekkethukavala Branch, Stressed Assets Recovery Branch, 7th Floor,Vankarath Towers, Palarivattom, Kochi 682025
…Applicant
And
Partner,M/S Has Food Products, Thekkemuriyil Building, Kottangal Po,Mallappally, Pathanamthitta 676101, Residing At Thekkemuriyil House, Kattangal Po,Pathanamthitta 676101.
FINAL ORDER
Advocate Vinod Jabar learned counsel for the applicant is present. A joint application signed by both parties registered as IA.No.2453/2022 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.23,00,000/- towards full and final claim made in the Original Application. Nothing remains to be recovered by the applicant bank from the defendants. Hence case may be disposed in view of such settlement and eligible court fee may be returned. As the claim is settled between the parties on full and final satisfaction, the IA.No.2453/2022 is allowed. The OA is disposed finally on settlement by recording full and final satisfaction of claim advanced by the applicant bank.
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, the Registry is hereby directed to refund legally eligible amount of court fee to the applicant bank i.e,50% of the total amount of Rs.35,000/-amounting to Rs.17,500/- to the applicant bank as per the above Rules. Consequently IA.No.2452/2022 is also closed.
Sd/-
(SOVAN KUMAR DASH)
PRESIDING OFFICER
IN THE DEBTS RECOVERY TRIBUNAL-2, KERALA AT ERNAKULAM
Present: SRI. SOVAN KUMAR DASH PRESIDING OFFICER
PRESIDING OFFICER
Dated this the 28th day of September, 2022
ORIGINAL APPLICATION No. 375/2022
Between
State Bank of India Thekkethukavala Branch, Stressed Assets Recovery Branch, 7th Floor,Vankarath Towers, Palarivattom, Kochi 682025 …Applicant And 1. M/S Has Food Products Thekkemuriyil Building, Kottangal Po,Mallappally, Pathanamthitta 676101 Rep By Its Managing Partner Harikrishnan V R and others. …Defendants
2 issues framed by the court
Whether the original application should be disposed of upon payment of the claimed settlement amount.
How the court fee should be refunded where an application is disposed of by settlement.
1 provisions across 1 enactments
State Bank of India
M/S Has Food Products
Harikrishnan V R
Sinu S
Shyju Krishnan
Sovan Kumar Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
