Allowed

Punjab National Bank v. Vijay Bhagwan Pathare

DRT23 Sept 2022OA/39/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an interlocutory application seeking permission to withdraw an original claim. It dismissed the original application as the bank had recovered dues via One Time Settlement, ordered return of documents after appeal period, and directed refund of court fees.

What did the court decide?

Interlocutory application allowed; original application dismissed; security documents to be returned post-appeal period; court fee refund ordered.

Punjab National Bank versus Vijay Bhagwan Pathare — Banking and Recovery | DRT (2022)

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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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23.09.2022 Sr. No.02 OA No. 39/2022 INTERLOCUTORY APPLICATION NO 1316/2022 IN

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ORIGINAL APPLICATION NO. 39/2022

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5 Punjab National Bank ..Applicant Versus Vijay Bhagwan Pathare ..Defendant

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Mr. A. A. Mishra – Advocate for the applicant Bank. Non for the defendant. The matter is taken through VC. 1. Mr. A. A. Mishra, advocate for the applicant bank, requested to Registry for listing the matter through video conference due to Covid-19 situation as per extent guidelines. Thus, the matter is placed through Video Conference.

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1. By this interlocutory application the applicant bank seeks permission of this Tribunal to withdraw the Original Application for an amount of Rs.27,23,368.93Ps. (Rupees Twenty-Seven Lacs Twenty-Three Thousand Three Hundred Sixty-Eight & Paisa Ninety-Three Only). The applicant submits that the matter is amicably settled between the parties under One Time Settlement for an amount of Rs.18,70,000/- (Rupees Eighteen Lacs seventy Thousand only) and the entire amount of settlement has been paid as full and final and account is closed.

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1. 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.

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1. The applicant has made out the case for withdrawal of the original application, return of original documents and refund

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[SBJ] (OA No.39/2022) 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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of the court fees.

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In view of the above, I pass the following order through Video Conference: ORDER

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A. Interlocutory Application No.1316/2022 is allowed. Original Application No.39/2022 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 security 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 to take appropriate steps for 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.39/2022) Page 2 of 2

Punjab National Bank v. Vijay Bhagwan Pathare

Case brief

What is this about?

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Punjab National Bank v. Vijay Bhagwan Pathare

Case brief

What is this about?

What did the court decide?

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