Allowed

Idbi Bank v. Mrs Jemeema Mathews Chittakkara

DRT29 Nov 2023OA/218/2023

Case brief

AI extract

What is this about?

This order allows the applicant bank's withdrawal of a recovery application due to regularization of the housing loan account by the defendants, disposing of the case without costs.

What did the court decide?

Permission to withdraw the OA with liberty to initiate action afresh upon future default, without costs.

What the court decided

Idbi Bank versus Mrs Jemeema Mathews Chittakkara — Banking and Recovery | DRT (2023)

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OA No.218 of 2023 29.11.2023

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IN THE DEBTS RECOVERY TRIBUNAL – III, CHENNAI

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Dated this the 29^th day of November, 2023

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Present: Shri Ganapathi K.R.K. Presiding Officer

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ORIGINAL APPLICATION No. 218 of 2023`

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M/s. IDBI Bank Ltd.,

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Rep. by its Branch Head, S. Sendhamizh Selvan, No.86, S.V. Patel Salai, Puducherry – 605 001.

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.....Applicant

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-Vs-

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1. Mrs. Jameema Mathews Chittakkara,

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Wife of Mr. Mathews John, No.30, 1^st Floor, 6^th Floor, Kumaran Nagar, Lawspet, Puducherry – 605 008.

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Also at:

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Mrs. Jameema Mathews Chittakkara, Wife of Mr. Mathews John, Flat No. 1-AB, Aburva Apartments, Plot No. 40, Krishna Nagar Main Road, Lawspet, Puducherry – 605 008.

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2. Mr. Mathews John,

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Son of Mr. T.P.Aliyas, No.30, 1^st Floor, 6^th Floor, Kumaran Nagar, Lawspet, Puducherry – 605 008.

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Also at: Mr. Mathews John, Son of Mr. T.P.Aliyas, Flat No. 1-AB, Aburva Apartments, Plot No. 40, Krishna Nagar Main Road, Lawspet, Puducherry – 605 008 ....Defendants

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OA No.218 of 2023 29.11.2023

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Counsels on record / appeared:

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Counsel for Applicant : S. Parthasarathy

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O R D E R

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This OA is filed by applicant bank for recovery of a sum of Rs.52,36,643/together with future interest and costs.

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A memo is filed by applicant bank stating therein that during pendency of the above OA, defendants have approached applicant bank for regularizing the housing loan account which was accepted by applicant bank for a sum of Rs.5,33,248/- and the same was paid by defendants on 28.03.2023 and hence the account of defendants has been regularized. It is also stated by applicant bank that they may be permitted to withdraw this OA with liberty to initiate action afresh, if the default of defendants continues. Thus submitting, applicant bank prayed for passing necessary orders.

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Copy of withdrawal memo is sent to other side by post and applicant bank had enclosed postal receipts evidencing the same.

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Perused. Memo is taken on record. Allowed. In the result, this OA is disposed of as withdrawn in view of regularization, however without costs. All other interlocutory applications, if any pending shall stand closed.

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5. With the above observations, OA stands disposed.

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(Dictated to Steno (DD), transcribed by her, corrected, signed and processed by me through E-drt on this the 29^th day of November, 2023)

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Sd/-

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(GANAPATHI K.R.K) PRESIDING OFFICER

Idbi Bank v. Mrs Jemeema Mathews Chittakkara

Case brief

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What the court decided

Idbi Bank v. Mrs Jemeema Mathews Chittakkara

Case brief

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What the court decided

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