Disposed

Indian Bank v. Udhagai Pazhamudhir Cholai

DRT31 Aug 2023OA/280/2022

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal disposed of an original application filed by a bank for recovery. The Court allowed the claim to be treated as settled out of Court based on a settlement memo accepted by the bank, where defendants remitted Rs. 44 Lakhs under an Order to Settle.

What did the court decide?

The OA claim is treated as settled out of Court without costs; registry directed to return documents marked Ex A-1 to Ex A-30; applicant to apply for court fee refund.

Indian Bank versus Udhagai Pazhamudhir Cholai — Banking and Recovery | DRT (2023)

O.A. No.280 of 2022

31.08.2023

IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI

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Dated this the 31^st day of August, 2023

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

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ORIGINAL APPLICATION No. 280 of 2022

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Indian Bank, Mogappair Branch, Represented by its Senior Manager, No.386, Panneer Nagar, Mogappair, Chennai – 600 037.

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….Applicant

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Vs.

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M/s. Udhagai Pazhamudhir Sholai,

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Represented by its partners,

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Mr. T. Senthil Kumar,

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Mr. D. J. Mani,

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Mr. D. Karthiban and

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Mr. D. Chandra Mohan,

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No. PC 01/10, Pari Salai,

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Mogappair East,

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Chennai – 600 037.

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Mr. T. Senthil Kumar, 22, Gopal Street, Perambur, Chennai – 600 039.

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Mr. D.J.Mani Old No.3, New No.80, T.V.K.Street, Vyasarpadi, Chennai – 600 039.

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Mr. D.Karthiban, 9/4, Chinnaya New Colony, 4^th Street, Perambur, Chennai – 600 011.

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Mr. D. Chandra Mohan, 9/4, Chinnaya New Colony, 4^th Street, Perambur,

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Chennai – 600 011.

O.A. No.280 of 2022

31.08.2023

Mrs. T. Gowri, W/o. Mr. D. Karthiban, 9/4, Chinnaya New Colony, 4^th street, Perambur, Chennai – 600 011.

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Mrs. Ananda Sofia, W/o. Mr. Chandra Mohan, 9/4, Chinnaya New Colony, 4^th street, Perambur, Chennai – 600 011.

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Mrs. S.Suganthi, W/o. Mr.T.Senthilkumar, 22, Gopal Street, Perambur, Chennai – 600 039.

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Mrs. J. Kerana Kingsley, W/o. Mr. D.J.Mani, Old No.3, New No.80, T.V.K. Street, Vyasarpadi, Chennai – 600 039.

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Mrs. Gajalakshmi W/o. Mr. R.Aathi Moorthy, 26, Gopal Nayakkan Street, Perambur, Chennai – 600 039. ….Defendants

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Counsels on record / appeared:

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Counsel for Applicant : M/s. R. Jagadeesan Counsel for Defendants 4 to 7 : M/s. J. Srinivasan

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ORDER

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This OA is filed by the applicant bank for recovery of a sum of Rs.92,86,475/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 settlement under OTS,

O.A. No.280 of 2022

31.08.2023

which was accepted by applicant bank and accordingly, defendants had remitted a sum of Rs.44 Lakhs as per the term of OTS dated 18.08.2023 towards full and final settlement of the OA claim. Hence, applicant bank prayed that the OA claim may be treated as settled out of Court and also prayed for refund of eligible Court fee. Applicant bank is also filed another memo praying for return of all documents marked as exhibits Ex A-1 to Ex A-30.

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

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4 Perused. Memo is taken on record. Allowed. In the result, this OA is disposed of as settled out of Court, however without costs. All other interlocutory applications, if any pending shall stand closed. Registry is directed to return all documents marked as Ex A-

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1 to Ex A-30 to applicant bank under proper acknowledgment. Applicant bank to file necessary application for refund of Court fee as per extant guidelines.

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(Dictated to Steno (GS), transcribed by her, corrected, signed and processed through E-drt, on this the 31^th day of August, 2023)

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Sd/- (GANAPATHI K.R.K) PRESIDING OFFICER

Indian Bank v. Udhagai Pazhamudhir Cholai

Case brief

What is this about?

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Indian Bank v. Udhagai Pazhamudhir Cholai

Case brief

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