Allowed

Union Bank of India v. Essar Power Gujarat Limited

DRT24 Mar 2023OA/167/2022

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal, Mumbai, allowed the applicant bank's application to withdraw its Original Application upon receipt of a full court settlement from the respondent, relying on the principle that the bank decides the extent of its litigation.

What did the court decide?

IA No. 419/2023 allowed; Original Application disposed of as withdrawn; Registry directed to return documents to the bank.

Union Bank of India versus Essar Power Gujarat Limited — Banking and Recovery | DRT (2023)

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24/03/2023	Ex. No. Before Presiding Officer Dr. Rekha G. Dhakar, DRT-1, Mumbai. *Roznama in OA 167 of 2022* *Union Bank of India Vs Essar Power Gujarat* *Limited*	Next date
	Advocate Mr. Prashant Phophale appeared for the applicant. Advocate Mr. Abhishek Gupta, Advocate MR. Allan David appeared for the defendant nos. 1 to 5. IA No. 419/2023
	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.4,31,80,43,965/- (Rupees Four Hundred Thirty One Crore Eighty Lakhs Forty Three Thousand Nine Hundred Sixty Five Only) towards full
	and final settlement of entire OA claim of Rs. 3,97,34,50,969/-.
	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

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matter of Satish Chand Gupta & Ors. Vs. SBI-W.P © 2588/2010 held that “…..DRT can have no objection to the same as the 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

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	settlement amount, further the bank has
	dominus litis in their matter, therefore, IA
	No. 419/2023 is allowed and Original
	Application is hereby disposed as withdrawn.
5.	The Registry of this Tribunal is hereby
	directed to return the complete
	documents of the OA to the authorized
	officer of the applicant bank before the
	Ld. Registrar on 10/04/2023 after
	obtaining necessary acknowledgment.
	However, the order sheets as well as the
	plaint and necessary documents shall be kept with this Tribunal.
6.	The applicant is directed to follow the
	procedure of refund of court fees as per the DRT (Refund of Court fee) Rules 2013.
File	be closed and consigned to record room.
Ex-30
& 31 App	lication for withdrawal P.O. DRT-I

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Sgj/-22

Union Bank of India v. Essar Power Gujarat Limited

Case brief

What is this about?

What did the court decide?

Union Bank of India v. Essar Power Gujarat Limited

Case brief

What is this about?

What did the court decide?

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