The Tribunal allowed the withdrawal of the Original Application filed by Kotak Mahindra Bank Ltd as the matter was settled out of court, citing the bank's dominus litis status and a pre-existing precedent.
Application for withdrawal (IA No. 1496/2022) is allowed; Original Application disposed of as withdrawn; Documents returned to the bank.
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| 20/12/2022 | Ex. No. Before Presiding Officer Dr. Rekha G. Dhakar, DRT-1, Mumbai. Roznama in OA 460 of 2022 Kotak Mahindra Bank Ltd Vs Ritesh Narendra Upadhyay |
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| Advocate Shashikant Gaikwad appeared for the applicant. None for the defendant. IA No. 1496/2022 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.1,18,49,225/- (Rupees One Crore Eighteen Lakhs Forty Nine Thousand Two Hundred Twenty |
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| Five Only) towards full and final settlement of entire OA claim of Rs. 11,35,750.53/-. 2. Considered the contentions of Ld. Counsel for the applicant and gone through the record as well as case laws on the subject. |
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| 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/-3
1 issue framed by the court
Whether the Debts Recovery Tribunal can object to the withdrawal of an Original Application settled out of court by the bank and borrowers.
Colour shows how this judgement treated each authority
Satish Chand Gupta & Ors. Vs. SBI-W.P © 2588/2010Referred¶2
Satish Chand Gupta & Ors. Vs. SBI-W.P © 2588/2010
1 provisions across 1 enactments
Kotak Mahindra Bank Ltd
Ritesh Narendra Upadhyay
Dr. Rekha G. Dhakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
