Banking applicant sought withdrawal of Original Application. Court relied on precedent establishing bank's dominum litis. Application allowed and disposed upon settlement confirmation.
Permission to withdraw the Original Application granted; OA disposed of upon settlement.
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| 17/08/2023 | Ex. No. |
Before Presiding Officer Dr. Rekha G. Dhakar, DRT-1, Mumbai. Roznama in OA 112 of 2022 Union Bank of India Vs Abhijit N Shirodkar |
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| Advocate Ms. Dimple Tejani i/b N.I. Bakali appeared for the Applicant. IA No. 2612/2023 |
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| 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.15,96,219/- |
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| (Rupees Fifteen Lacs Ninety Six |
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| Thousand Two Hundred and Nineteen Only) towards full and final settlement of entire OA claim of Rs. 24,95,418.68/-. 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 |
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| 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 settlement amount, further the bank has dominus litis in their matter, therefore, IA No. 2612/2023 is allowed and Original is as Application hereby disposed
4.
Sgj/-2
1 issue framed by the court
Whether the Debt Recovery Tribunal can permit the withdrawal of an Original Application when the bank has settled the matter out of court and received the settlement amount.
Colour shows how this judgement treated each authority
Satish Chand Gupta & Ors. Vs SBIRelied on¶3
Satish Chand Gupta & Ors. Vs SBI-W.P © 2588/2010
Union Bank of India
Abhijit N Shirodkar
Dr. Rekha G. Dhakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
