Allowed

Bank of Baroda v. M/s. Shami Foods

DRT24 Nov 2022OA/425/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an interim application permitting the withdrawal of an Original Application due to the upgrade of loan accounts to standard category. The court disposed of the main application on full satisfaction and ordered a refund of 50% of the court fee.

What did the court decide?

The Original Application was disposed of on full satisfaction; the privacy of the bank's withdrawal rights were upheld; refund of 50% of the court fee to the applicant bank was ordered.

Bank of Baroda versus M/s. Shami Foods — Banking and Recovery | DRT (2022)

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IN THE DEBTS RECOVERY TRIBUNAL-2, KERALA AT ERNAKULAM

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Present: SRI. SOVAN KUMAR DASH

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PRESIDING OFFICER

¶4

Dated this the 24th day of November, 2022

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ORIGINAL APPLICATION No. 425/2022

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Between

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Bank of Baroda, Nedumangad Branch, Ground Floor, AFRA Building, Kulavikonam, Nedumangad, Thiruvananthapuram-695 541.

¶8

…Applicant

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And

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M/s. Shami Foods, Ex Service Men’s Colony P.O, Palode, Rep. by its Sole Proprietor, Shameer Ebrahim, S/o. Ibrahim Kunju, Shameer Manzil,

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House No. 670, Ottakadayil, Vattakarikkakonam P.O,

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Pacha,Palode, Nedumangad, Thiruvananthapuram-695562 and 3 others.

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` …Defendants

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FINAL ORDER

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Learned counsel for the applicant has filed two interim applications registered as IA.No.2651/2022 and IA.No.2652/2022. IA.No.2651/2022 is filed by the applicant with a prayer to permit the applicant to withdraw the OA contending that the defendants have upgraded the loan accounts to standard category and resolved to revoke all recovery proceedings including the withdrawal of the OA.

¶16

One Shri. Vinayakh Omanakuttan Manager/Branch Head of the applicant has filed affidavit in support of the interim application and he confirmed the factum that the loan accounts have been upgraded to standard category. In such premises IA.No.2651/2022 is allowed and OA is disposed on full satisfaction. Applicant bank has also filed IA.No.2652/2022 for refund of eligible court fee. As original application is disposed, as per the provision of Debts Recovery Tribunal (Refund of Court Fee)

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-2-

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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 on compromise, IA.No.2652/2022 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.1,50,000/amounting to Rs.75,000/- to the applicant bank as per the above Rules.

¶19

Sd/- ( SOVAN KUMAR DASH) PRESIDING OFFICER

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IN THE DEBTS RECOVERY TRIBUNAL-2, KERALA

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AT ERNAKULAM

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Present: SRI. SOVAN KUMAR DASH

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PRESIDING OFFICER

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Dated this the 24th November, 2022

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ORIGINAL APPLICATION No. 425/2022

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Between

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Bank of Baroda, Nedumangad Branch, Ground Floor, AFRA Building, Kulavikonam, Nedumangad, Thiruvananthapuram-695 541.

¶28

…Applicant

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And

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M/s. Shami Foods, Ex Service Men’s Colony P.O, Palode, Rep. by its Sole Proprietor, Shameer Ebrahim, S/o. Ibrahim Kunju, Shameer Manzil, House No. 670, Ottakadayil, Vattakarikkakonam P.O, Pacha,Palode, Nedumangad, Thiruvananthapuram-695562 and 3 others.

¶31

…Defendants

Bank of Baroda v. M/s. Shami Foods

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. M/s. Shami Foods

Case brief

What is this about?

What did the court decide?

What the court decided

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