The Debt Recovery Tribunal allowed the applicant bank's prayer to withdraw the Original Application after the matter was settled out of court, relying on precedent that the bank is dominus litis and the Tribunal cannot scrutinize the settlement value.
Withdrawal of Original Application allowed; Registry directed to return documents to the bank.
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| 21/04/2023 | Ex. No. Before Presiding Officer Dr. Rekha G. Dhakar, DRT-1, Mumbai. Roznama in OA 310 of 2022 ICICI Bank Limited Vs Amarjeet Jitendra Shukla |
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| Advocate Shadab I/b R. L. Motwani appeared for the applicant. None appeared for the defendant. IA No. 708/2023 1. The Ld. Counsel appearing for the Applicant Bank seeking permission to withdraw the Original Application as they have settled the matter out of court with the defendants and received an amount of Rs.32,50,000/- (Rupees Thirty Two Lacs and Fifty Thousand Only) towards full and final settlement of entire OA claim of Rs. 66,72,343.66/-. |
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| 2. Considered the contentions of Ld. Counsel for the applicant and gone through the record as well as case laws on the subject. 3. The Hon’ble High Court of Delhi in the matter of Satish Chand Gupta & Ors. Vs. |
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SBI-W.P © 2588/2010 held that “…..DRT can have no objection to the same as the bank which is claimant has agreed to the same. The bank is dominus litis and it is for the bank to decide as to against which party it desires the litigation to continue. It is purely a contractual matter and the bank in its wisdom decided to settle the claim against the petitioners…..”. It was further laid down that the Tribunal appears to think that it is some kind of Ombudsman/ Auditor of the bank to scrutinize the settlement arrived between the parties. The Tribunal is no one to decide as to at what value the bank should settle its dues with the borrower especially when the bank has Managers who have acted in pursuance to authorization in their favour and after due consideration of the proposal of the petitioners….”. 4. In the light of above, since the account impugned has already been closed in terms of settlement between the parties and Bank has already received the entire settlement amount, further the bank has
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SP/-03
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2 issues framed by the court
Whether the Debt Recovery Tribunal can object to the withdrawal of an Original Application when the bank has settled the claim out of court.
Whether a bank, as dominus litis, is within its rights to settle a claim and withdraw litigation without Tribunal scrutiny of the settlement value.
Colour shows how this judgement treated each authority
Satish Chand Gupta & Ors. Vs SBI-W.P © 2588/2010Relied on¶3
Satish Chand Gupta & Ors. Vs SBI-W.P © 2588/2010
1 provisions across 1 enactments
ICICI Bank Limited
Amarjeet Jitendra Shukla
Dr. Rekha G. Dhakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
