eThe Tribunal allowed a joint application by the State Bank of India and Defendant-Ghansyam Anjana for issuance of a consent decree based on a compromise settlement dated 23.01.2023.
Issuance of a consent decree based on the compromise settlement agreement between the parties.
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.
FORM NO. 9 [See Regulation-24(1)]
DEBTS RECOVERY TRIBUNAL JAIPUR RECOVERY CERTIFICATE
UNDER SUB-SECTION 22 OF SECTION 19 OF THE RECOVERY OF DEBTS DUE TO THE BANKS AND FINANCIAL INSTITUTION ACT, 1993 AS AMENDED FROM TIME TO TIME
O.A No.1220/2022 DATE OF DELIVERY OF ORDER 13.04.2022
STATE BANK OF INDIA,
Branch Office – Branch at SARB, Matrix Mall,
Jawahar Nagar, Jaipur, through its Chief Manager
Applicant Bank
Versus
SHRI GHANSYAM ANJANA
S/o Late Shri Prithviraj Anjana
R/o Chotti Sadri to Nimbaheda Road, Near Gurukul,
Chotti Sadri, District- Pratapgarh, Rajasthan - 312604
Defendant
The Applicant Bank and Defendants have filed joint I.A. no.551/2023 in O.A. no. 1220/2022 and stated that settlement has been arrived between the parties and prayed therein for issuance of a consent decree. The I.A. is allowed.
As per terms and conditions of copy of Compromise Settlement Letter dt. 23.01.2023 (Annexure-IA/1), enclosed with this IA, a compromise settlement has been arrived between the parties for a sum of Rs. 68,00,000/-. In view of the settlement acceptance letter dt. 23.01.2023 the Defendant has deposited Rs. 10,20,000/- as upfront amount of the compromise proposal and the Defendant has undertaken to deposit the remaining amount as per terms and conditions of the settlement acceptance letter dt. 23.01.2023.
It has been agreed that in case the Borrowers/Defendants jointly or severally, failed to adhere to the payment schedule as stipulated in the Compromise Settlement Letter dt. 23.01.2023 (Annexure-IA/1), which is enclosed with this Application, the compromise settlement will be treated as failed and take all appropriate/necessary measures & actions for recovery of total dues from the stage at which present action is deferred, applicant will be free to initiate legal actions in applicable legal forums. The entire
ss*
1 issue framed by the court
Whether an application for issuance of a consent decree on terms of a settlement agreement allowed by the Debts Recovery Tribunal.
STATE BANK OF INDIA
SHRI GHANSYAM ANJANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
