The Debts Recovery Tribunal III disposed of a Section 17(2A) appeal challenging a possession notice filed by a financial institution. The matter was settled out of court after the applicant paid a negotiated settlement amount.
The appeal stands disposed as settled out of court without costs.
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.
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S.A. 243 of 2022 08.12.2022
IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 8th day of December, 2022
Present: Shri Ganapathi K.R.K. Presiding Officer
SARFAESI APPLICATION No. 243 of 2022
S.J.Nimesh Varshan
S/o.Late Mr.Saravanan No.9, TVS Colony, Fathima Street Kamarjar Nagar, Madhavaram Taluk Redhills, Chennai – 600 052 ….Applicant
Vs.
The Authorised Officer
Bajaj Housing Finance Limited Unit No.804,805,806, 5th floor, Raheja Towers, 177, Anna Salai Chennai – 600 002 ….Respondent
Counsels on record / appeared:
Counsel for Applicant : M/s. A.Periyasamy & R.R.Pradheep Counsel for Respondent : M/s. M.Arunachalam & M.Nagalakshmi
ORDER
respondent bank for recovery of a sum of Rs.10,90,317/-.
that during the pendency of SA, both applicant and respondent financial institution entered into a negotiated settlement and applicant had remitted the entire dues as claimed by respondent financial institution. Respondent financial institution also filed a memo stating therein that the matter has been settled between the parties for a sum of
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S.A. 243 of 2022 08.12.2022
Rs.6,74,134/- against the foreclosure amount of Rs.8,94,134/- as on 30.11.2022 and applicant had paid the settlement amount as per the terms of settlement.
(Dictated to Stenographer (DD), transcribed by her, corrected, signed and pronounced by me in Open Court, on this the 8th day of December, 2022)
Sd/- (GANAPATHI K.R.K) PRESIDING OFFICER
S.J.Nimesh Varshan
Bajaj Housing Finance Limited
Ganapathi K.R.K.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
