Disposed

Bank of India v. M/S Samuel Enterprises

DRT26 Oct 2023OA/33/2023

Case brief

AI extract

What is this about?

The tribunal allowed an interlocutory application permitting the applicant to withdraw the original recovery application after receiving a written settlement and a no dues certificate. The original application was dismissed as withdrawn with an order to refund court fees.

What did the court decide?

Interlocutory application allowed; original application dismissed as withdrawn with withdrawal of court fees.

Bank of India versus M/S Samuel Enterprises — Banking and Recovery | DRT (2023)

¶1

IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI

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(BEFORE HON’BLE PRESIDING OFFICER)

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Sr. No.11

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INTERLOCUTORY APPLICATION No.1556 of 2023 In ORIGINAL APPLICATION NO.33 of 2023

Bank of India

… Applicant

Versus

M/s. Samuel Enterprises & Ors.

¶9

… Defendants

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Mr O.A. Das – Advocate for the applicant.

¶11

None for defendants.

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Shri Deepak M. Thakkar Presiding Officer,^th October 2023.

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ORDER

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Mr Das, representing the applicant, submits that the matter has been amicably settled between the parties. The applicant has received and recovered the amount in the sum of Rs.13.25 lakhs in full and final satisfaction of its claim. It is stated that the settlement took place under the Star Sanjeevani Scheme and issued no dues certificate to the defendants. Mr Das has filed written submission (exhibit-9) stating that the court fees is paid by the bank and requests for the refund. Mr Das requests the Tribunal to allow the withdrawal of the Original Application. Permission granted.

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Interlocutory Application No.1556 of 2023 is allowed with no order as to costs.

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Sd/- (Deepak M. Thakkar) Presiding Officer, DRT-2, Mumbai

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Radhika

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IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI

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(BEFORE HON’BLE PRESIDING OFFICER)

ORDER SHEET

26.10.2023

Sr. No.11

		OA No.33 of 2023
classifi- cation	No. of Exh.	Bank of India Vs M/s. Samuel Enterprises & Ors.
		Mr O.A. Das – Advocate for the applicant. None for defendants.
	9	1. The learned counsel for the applicant has presented written submission (exhibit-9), which is taken on record.
		2. Order in Interlocutory Application No.1556 of 2023 passed separately. 3. In view of the order passed in I.A. No.1556 of 2023, Original Application No.33 of 2023 stands dismissed as withdrawn with no order as to costs. 4. The learned Registrar is directed to refund the court fees as per the Rules.
		Sd/- Presiding Officer, DRT-2, Mumbai

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Radhika

Bank of India v. M/S Samuel Enterprises

Case brief

What is this about?

What did the court decide?

Bank of India v. M/S Samuel Enterprises

Case brief

What is this about?

What did the court decide?

What the court decided

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