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Idbi Bank versus Appadurai — Banking and Recovery | DRT (2023)

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DRT
2023
Idbi Bank versus AppaduraiIdbi Bank v. Appadurai

Disposed

Idbi Bank v. Appadurai

DRT24 Apr 2023OA/159/2022

Case brief

AI extract

What is this about?

Out of court settlement in OA No.159/2022. Defendants remitted summary amount, disposing of applicant bank's claim for recovery.

What did the court decide?

OA disposed as settled out of Court; Court fee refund directed; documents returned.

What the court decided

AI extract

A

1

OA No.159/2022 24.04.2023

IN THE DEBTS RECOVERY TRIBUNAL – III, CHENNAI

Dated this the 24^th day of April, 2023

Present: Shri Ganapathi K.R.K.

Presiding Officer

O.A. No. 159 of 2022

M/s.IDBI Bank Limited, No.37, P.M.Towers, Greams Road,

Chennai – 600 006.

Also at:

No.64/11, Alagesan Road, Vedachala Nagar, Chengalpattu – 603 001. ....Applicant

Versus

Mr.SR Appadurai S/o.Mr.A.Raju, No.303, Yadhaval Street, Salavakkam Post, Uthiramerur,

Parties & counsel

AI extract

applicant
M/s.IDBI Bank Limited
respondent
Mr.SR Appadurai
respondent
Mrs.A.Rajeswari
respondent
Mr.S.A.Kumaravel
respondent
M/s.Sri Srinivasa Modern Rice Mill

Case details

As recorded by the court registry

Court: DRT
Decided on: 24 Apr 2023 · April
Case no.: OA/159/2022
CNR: 330330004402022

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Cite this judgement

Idbi Bank v. Appadurai, OA/159/2022 (DRT), decided on 24 April 2023.

The Debt Recovery Tribunals publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Shri Ganapathi K.R.K.

Parties & counsel

Outcome

OA disposed as settled out of Court; Court fee refund directed; documents returned.

Detailed headnote1 paragraphs

Out of Court Settlement. Application for recovery settlement accepted by applicant bank upon remittance of sum. Debts Recovery Tribunal disposed of OA as settled.

A compact analysis

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.

Kancheepuram – 603 107.

Mrs.A.Rajeswari, W/o.Mr.SR Appadurai, No.303, Yadhaval Street, Salavakkam Post, Uthiramerur, Kancheepuram – 603 107.

Mr.S.A.Kumaravel, S/o.Mr.SR Appadurai, No.303, Yadhaval Street, Salavakkam Post, Uthiramerur, Kancheepuram – 603 107.

M/s.Sri Srinivasa Modern Rice Mill, Rep. by its Proprietor Mr.SR Appadurai, Ariyapakkam Village, Mettupalayam, Karunkuzhi, Kancheepuram – 603 107. ....Defendants

2

OA No.159/2022 24.04.2023

Counsel for Applicant : M/s.S.Sathiyanarayanan.

O R D E R

This OA is filed by the applicant bank for recovery of a sum of Rs.33,72,412.71p together with future interest and costs.

A memo is filed by applicant bank stating therein that during pendency of the above OA, defendants have approached applicant bank for settlement under OTS, which was accepted by applicant bank and accordingly, defendants had remitted a sum of Rs.18,88,304/- on 31.03.2023 towards full and final settlement of the OA claim. Hence, applicant bank prayed that the OA claim may be treated as settled out of Court and also prayed for refund of eligible Court fee. Applicant bank had also filed another memo praying for return of documents marked as Ex A-1 to A-22.

Perused. Memo is taken on record. Allowed. In the result, this OA is disposed of as settled out of Court, however without costs. All other interlocutory applications, if any pending shall stand closed. Registry is directed to return documents marked as Ex A-1 to Ex A-22 to applicant bank under proper acknowledgment. Memo is signed by Branch Manager of applicant bank, counsel for applicant bank and defendants 1 to 4. Registry is directed to process refund of Court fee as per extant guidelines.

(Dictated to PS, transcribed by her, corrected, signed and processed through E-drt on this the 24^th day of April, 2023)

Sd/- (GANAPATHI K.R.K) PRESIDING OFFICER

Coram

AI extract

Shri Ganapathi K.R.K.

Topic

Banking and Recovery

Bench

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