The tribunal allowed an interim application and disposed the original application on full and final settlement. The defendants deposited Rs. 16,25,000. The applicant bank recorded satisfaction, and the case was closed without further recovery.
The Interim Application was allowed and the Original Application disposed of finally on terms of full and final settlement.
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.
IN THE DEBTS RECOVERY TRIBUNAL-2, KERALA AT ERNAKULAM
Present: SRI. SOVAN KUMAR DASH
PRESIDING OFFICER
Dated this the 26th day of September, 2022
ORIGINAL APPLICATION No. 83/2022
Between
Punjab National Bank, Circle Sastra Centre, Vaishnavi Towers, Bye Pass Road, Kumarichantha, Ambalathara P.O, Thiruvananthapuarm- 695 026. …Applicant
And
2 . A Fazil
Surya,House No.12, Vivekananda Nagar, Kesavadasapuram, Pattom, Thiruvananthapuram 695004
W/oA Fazil, Surya,House No.12,Vivekananda Nagar, Kesavadasapuram, Pattom, Thiruvananthapuram 695004
4. Noorudheen A M
S/o Abdulkhader, Vallimadam,Nspra-9,Kesavadasapuram, Pattom, Thiruvananthapuram 695004
…Defendants
FINAL ORDER
Advocate Rajeev L.G represented Advocate C.Ajith Kumar learned counsel for the applicant is present. IA.No.2451/2022 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.16,25,000/- on 13.04.2022 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.
One Shri.Jayarajan, Senior Manager of the applicant bank has filed affidavit stating that the claim is settled with the defendants. Nothing remains to be recovered by the applicant bank from the defendant. As the claim is settled between the parties on full and final satisfaction, the IA.No.2451/2022 is allowed. The OA is disposed finally on settlement by recording full and final satisfaction of claim advanced by the applicant bank.
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 26th day of September, 2022
ORIGINAL APPLICATION No. 83/2022
Between
Punjab National Bank, Circle Sastra Centre, Vaishnavi Towers, Bye Pass Road, Kumarichantha, Ambalathara P.O,Thiruvananthapuarm- 695 026.
…Applicant
And
Shehnai Sulthana D/o A Fazil, Surya,House No.12, Vivekananda Nagar, Kesavadasapuram, Pattom, Thiruvananthapuram 695004 and ors
…Defendants
1 issue framed by the court
Whether the original application can be disposed of upon settlement of the claim by deposit of money.
PUNJAB NATIONAL BANK
SHEHNAI SULTANA
A FAZIL
SHAJITHA FAZIL
NOORUDEEN A M
SOVAN KUMAR DASH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
