Allowed

Bank of India v. M/S Abhishek Krishi Seva Kendra

DRT15 Dec 2023MA/38/2023

Case brief

AI extract

What is this about?

In this miscellaneous application, the Debts Recovery Tribunal allowed the applicant's request for a recovery certificate against defendant no. 1 only. The court noted that defendants 2 and 3, represented by the same counsel, are not signatories to a compromise settlement, negating their immunity. Consequently, the original application was restored against them, and the Recovery Certificate was is

What did the court decide?

1. Recovery Certificate to be issued against Defendant No.1 only. 2. Registry to restore Original Application No.479/2018 against Defendants No.2 & 3.

Bank of India versus M/S Abhishek Krishi Seva Kendra — Execution and Attachment | DRT (2023)

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IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)

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ORDER SHEET

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1 S	5.12.2 r. No.	023 13 MA No.38/2023
Classifi cation	No. of Exh.
		MISC. APPLICATION No.38/2023
		Bank of India ..Applicant Versus M/s Abhishek Krishi Seva Kendra & others . Defendants
		Mr. A.U.Deshmukh – Advocate for the applicant. Mr. V.B.Kulkarni – Advocate for the defendant. The matter is taken through Hybrid. 1. The applicant has filed present MA for issuance of Recovery Certificate against defendants. 2. The counsel who appears for defendant nos.2 & 3 submits that they are not the signatory to the compromise settlement. 3. It is very ironical situation that the same counsel represented the defendant no.1, before the Tribunal while contesting the original application. Now just to regal something they are trying to take shelter under the same. 4. In view of the above, I pass the following order : ORDER A. M.A. No.38/2023 is allowed. B. Recovery Certificate be issued against defendant no.1 only. C. Registry is directed to restore the Original Application no. 479/2018 against defendant nos.2 & 3 to its original stage. D. Consign the file to the Record Room and orders be uploaded on official web-site.
		(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad

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[APK] (MA No.38/2023) Page 1 of 1

Bank of India v. M/S Abhishek Krishi Seva Kendra

Case brief

What is this about?

What did the court decide?

Bank of India v. M/S Abhishek Krishi Seva Kendra

Case brief

What is this about?

What did the court decide?

What the court decided

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