In an application for withdrawal of appeals, the Debt Recovery Tribunal allowed the bank's request after receiving a full settlement amount from the borrowers, referencing the bank's dominus litis in contractual settlements.
Permission granted to withdraw the Original Application; proceeding disposed of as withdrawn.
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.
| 20/12/2022 | Ex. No. Before Presiding Officer Dr. Rekha G. Dhakar, DRT-1, Mumbai. Roznama in OA 459 of 2022 Kotak Mahindra Bank Ltd Vs Maruaai Enterprises |
Next date |
|---|---|---|
| Advocate Shashikant Gaikwad appeared for the applicant. |
||
| None for the defendant. IA No. 1497/2022 |
||
| 1. The Ld. Counsel appearing for the Applicant Bank seeking permission to withdraw the Original Application as they have settled the matter out of court with the defendants and received an amount of Rs. 44,052,937.32/- (Rupees Forty Four Lakhs Fifty Two Thousand Nine Hundred Thirty Seven and Thirty Two Paisa Only) towards full |
||
| and final settlement of entire OA claim of Rs. 73,54,036.84/-. |
||
| 2. Considered the contentions of Ld. |
||
| Counsel for the applicant and gone through the record as well as case laws on the subject. |
||
| 3. The Hon’ble High Court of Delhi in the |
matter of Satish Chand Gupta & Ors. Vs. SBI-W.P © 2588/2010 held that “…..DRT can have no objection to the same as the bank which is claimant has agreed to the same. The bank is dominus litis and it is for the bank to decide as to against which party it desires the litigation to continue. It is purely a contractual matter and the bank in its wisdom decided to settle the claim against the petitioners…..”. It was further laid down that the Tribunal appears to think that it is some kind of Ombudsman/ Auditor of the bank to scrutinize the settlement arrived between the parties. The Tribunal is no one to decide as to at what value the bank should settle its dues with the borrower especially when the bank has Managers who have acted in pursuance to authorization in their favour and after due consideration of the proposal of the petitioners….”. 4. In the light of above, since the account impugned has already been closed in terms of settlement between the parties and Bank has already received the entire
Sgj/-2
2 issues framed by the court
Whether the Dealing Recognition Tribunal (DRT) has the power to object to a bank's application for withdrawal of proceedings after an out-of-court settlement.
Whether the DRT can scrutinize the monetary value of a settlement arrived at between the bank and the borrower.
Colour shows how this judgement treated each authority
Satish Chand Gupta & Ors. Vs. SBIReferred¶3
Satish Chand Gupta & Ors. Vs. SBI-W.P © 2588/2010
Kotak Mahindra Bank Ltd
Maruaai Enterprises
Dr. Rekha G. Dhakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
