On a withdrawal application, the Tribunal observed that a settlement was reached and dues were received. The application and a pending appeal were disposed of as withdrawn. Refund of court fee was directed to be sought from the Registrar.
Withdrawal of OA/IA allowed; dispute settled; refund of court fee directed to be moved before Registrar.
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DEBTS RECOVERY TRIBUNAL 1, KOLKATA
| Page No.- | Order Sheet( continuation) | |
|---|---|---|
| Case NO. OA IA/1087/202 |
/22/2023 3 HDFC BANK LIMITED Vs. ALOKE BHAKAT AND AN BHAKAT |
URADHA |
| Date of the order |
Order with signature | Office action with date and dated signature of parties when necessary |
| 22/06/202 3 |
Ld. Advocate, Ms. Suparna Biswas on behalf of Ms. M. Kanji appears for the Applicant Bank and pressing the withdrawal petition, bearing application no. IA/1087/2023. In the above said application it was stated that the Applicant has filed a Recovery application for recovery of a sum of Rs.23,22,264.82/- 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. 14,80,000/- towards full and final settlement of the dues. Hence, they do not want to proceed with the case. This application is affirmed by Mr. Rahul Kumar Jha, 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 This instant OA and any other pending IAs are disposed of in the category of dismissed as withdrawn as settled.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/1086/2023 is moved which is a put up application. Since the record is put up, the IA/1086/2023 is disposed of. (Ambuja Mohan Das) Presiding Officer |
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DEBTS RECOVERY TRIBUNAL 1, KOLKATA
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2 issues framed by the court
Whether the recovery proceedings be withdrawn upon settlement and refund of dues.
Prayer for refund of court fee upon withdrawal of application.
HDFC Bank Limited
Ambuja Mohan Das
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
