Allowed

State Bank of India v. Balasaheb Dhondiram Kedare

DRT17 May 2023OA/214/2022

Case brief

AI extract

What is this about?

The applicant bank sought withdrawal of an original recovery application due to a full and final settlement. The Tribunal allowed the withdrawal, dismissed the application, and set conditions for document return subject to appeal periods.

What did the court decide?

Interlocutory Application No.537/2023 allowed. Original Application No.214/2022 dismissed. Documents return contingent on appeal period expiry.

State Bank of India versus Balasaheb Dhondiram Kedare — Banking and Recovery | DRT (2023)

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IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD) ORDER SHEET

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17.05.2023

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Sr. No.01 OA No. 214/2022
INTERLOCUTORY APPLICATION NO. 537/2023
IN
ORIGINAL APPLICATION No. 214/2022
State Bank of India ..Applicant
Versus
Balasaheb Dhondiram Kedare ..Defendant
Mr. Ravi Gite h/for Mr. Arun Rakh – Advocate for the
applicant.
None for the defendant.
The matter is taken through VC.
1. By this interlocutory application the applicant bank
seeks permission of this Tribunal to withdraw the Original
Application for an amount of Rs.01,21,40,768/-
(Rupees One Crore Twenty-One Lacs Forty Thousand
Seven Hundred Sixty-Eight Only). The applicant submits
that the matter is amicably settled / compromised
between the parties for an amount of Rs.85,00,000/-
(Rupees Eighty-Five Lacs only) and the entire amount of
settlement has been paid as full and final and account is
closed.
2. The applicant therefore, seeks permission of this Tribunal
to withdraw the Original Application. The applicant also
seeks return of original documents and refund of the court
fees.
3. The applicant has made out the case for withdrawal of the
Classific ation No. of Exh.

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[SBJ]

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(OA No.214/2022) Page 1 of 2

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IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD

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(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)

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ORDER SHEET

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original application, return of original documents and refund of the court fees.

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In view of the above, I pass the following order through Video Conference:

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ORDER

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A. Interlocutory Application No.537/2023 is allowed. Original Application No.214/2022 is dismissed.

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B. As per DRT Regulation 25, other Original documents if any filed be returned by keeping certified copies on record through Authorised Officer only after the time of appeal or review is gone and not before that.

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C. Consign the file to the Record Room.

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(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad

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[SBJ]

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(OA No.214/2022) Page 2 of 2

State Bank of India v. Balasaheb Dhondiram Kedare

Case brief

What is this about?

What did the court decide?

State Bank of India v. Balasaheb Dhondiram Kedare

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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