In OA No. 15/2022, HDFC Bank Limited withdrew its recovery application filed against M/s. K.D. Development Partnership Firm, citing a settlement reached during proceedings. The Tribunal dismissed the withdrawal petition as settled and disposed of associated pending IAs.
Withdrawal petition dismissed as settled; Bank permitted to seek court fee refund from Registrar.
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.
DEBTS RECOVERY TRIBUNAL 1, KOLKATA
| Page No.- | Order Sheet( continuation) | |
|---|---|---|
| Case NO. OA IA/1078/202 |
/15/2022 3 HDFC BANK LIMITED Vs. M/S. K. D. DEVEL PARTNERSHIP FIRM AND ORS. |
OPER, |
| Date of the order |
Order with signature |
Office action with date and dated signature of parties when necessary |
| 20/06/2023 | Ld. Advocates Ms. Gitasree Chattopadhyay appears for the Applicant Bank and pressing the withdrawal petition, bearing application no. IA/1078/2023. In the above said application it was stated that the Applicant has filed an Recovery application for recovery of a sum of Rs.28,31,345.74/- including interest and other reliefs. During pendency of the Recovery Proceedings there has been a settlement between the parties and the Bank has received Rs. 2,50,000/- towards full and final settlement of the dues. Hence, they do not want to proceed with the case. This application is affirmed by Mr. Arnab Gangopadhyay, the Authorize Representative of the Bank and his signature is identified by Advocate on record. Ld. Advocate for the Applicant Bank also prays for refund of application fee. In view of this, no prejudice will be caused to the OA defendants if their response is dispensed with in this IA. This instant OA and any other pending IAs are disposed of in the category of dismissed as withdrawn as settled. The Applicant Bank is entitled for refund of Court Fee in terms of the Rules for which the applicant may move before the Registrar of this Tribunal who may take decision in accordance with rules and regulations of the subject. IA/1077/2023 is moved which is a put up application. Since the record is put up, the IA/1077/2023 is disposed of. |
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| (Ambuja Mohan Das) Presiding Officer |
AD
HDFC Bank Limited
Ambuja Mohan Das
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
