Partly allowed

Bank of Baroda v. Harale Tea Company Pvt. Ltd.

DRT3 Jun 2023OA/268/2022

Case brief

AI extract

What is this about?

The Tribunal allowed an interlocutory application seeking withdrawal of an original recovery application after full settlement payments were made. It dismissed the original application and prescribed conditions for returning title documents pending appeal periods.

What did the court decide?

Interlocutory application allowed; Original Application dismissed; title documents to be returned upon expiry of appeal/review period.

Bank of Baroda versus Harale Tea Company Pvt. Ltd. — Banking and Recovery | DRT (2023)

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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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03.06.2023 Sr. No.01 OA No. 268/2022 INTERLOCUTORY APPLICATION No.530/2023 IN

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ORIGINAL APPLICATION NO. 268/2022

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Bank of Baroda ..Applicant Versus Harale Tea Company Pvt. Ltd. ..Defendants

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Mr. K.D. Pande – Advocate for the applicant. None for the defendants. The matter is taken through Video Conference. 1. By this interlocutory application the applicant bank seeks permission of this Tribunal to withdraw the Original Application for an amount of Rs.72,58,911.44Ps. (Rupees Seventy-Two Lacs Fifty-Eight Thousand Nine Hundred Eleven and Forty-Four Only). The applicant submits that the matter is amicably settled between the parties under One Time Settlement for an amount of Rs.92,00,000/- (Rupees Ninety-Two Lacs only) and the entire amount of settlement has been paid as full and final and account is closed.

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1. 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.

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1. The applicant has made out the case for withdrawal of the original application, return of original.

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[SBJ] (OA No.268/2022) Page 1 of 2

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

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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.530/2023 is allowed. Original Application No.268/2022 is dismissed.

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B. As per DRT Regulation 25, Original Title 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-site.

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(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad

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[SBJ] (OA No.268/2022) Page 2 of 2

Bank of Baroda v. Harale Tea Company Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. Harale Tea Company Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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