Disposed

Bank of Baroda v. M/S P J Enterprises

DRT11 May 2023OA/388/2023

Case brief

AI extract

What is this about?

The Tribunal allowed an interlocutory application to withdraw the Original Application for recovery of dues. The admitted settlement of Rs. 6.51 crores and refund of court fees resulted in the withdrawal and dismissal of the main application with no order as to costs.

What did the court decide?

Permission granted to withdraw Original Application No. 388 of 2023; said application dismissed as withdrawn with no order as to costs.

Bank of Baroda versus M/S P J Enterprises — Contract and Commercial Disputes | DRT (2023)

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IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI

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(BEFORE HON’BLE PRESIDING OFFICER)

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Sr. No.16

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INTERLOCUTORY APPLICATION No.958 of 2023

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In ORIGINAL APPLICATION NO.388 of 2023

Bank of Baroda

… Applicant

Versus

P J Enterprises & Ors. … Defendants

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Mr Prashant Shinde i/b M/s. A.B Shinde & Co. – Advocates for the applicant.

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None for defendants.

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

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ORDER

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On 2^nd December 2019, the applicant presented the Original Application to recover Rs.13,38,79,210/- and to enforce the mortgaged and hypothecated securities. During the Original Application’s pendency, the parties amicably settled the matter under “Recovery Management Policy”. On 19^th March 2022, the applicant informed the OTS approval for an amount in the sum of Rs.6.51 crores. The applicant states that defendants made the payment in the sum of Rs.6.51 crores and issued no dues certificate on 6^th February 2023. On 24^th April 2023, defendants signed and consented for the

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refund of the court fees to the applicant. The same is placed on record at page nos.5 and 6 (exhibit-7). The learned counsel requests the Tribunal to grant permission to withdraw the Original Application. Permission is granted.

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Interlocutory Application No.958 of 2023 is allowed in terms of prayer clause (a) and (b) with no order as to costs.

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Sd/-

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

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Nidhi

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Page 2 of 3

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IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI

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(BEFORE HON’BLE PRESIDING OFFICER)

ORDER SHEET

11.05.2023

Sr. No.16

		OA No.388 of 2023
classifi -cation	No. of Exh.	Bank of Baroda Vs. P J Enterprises & Ors.
		Mr Prashant Shinde i/b M/s. A.B Shinde & Co. – Advocates for the applicant. None for defendants.
		1. Order in I.A. No.958 of 2023 passed separately. 2. In view of the order passed in I.A. No.958 of 2023, Original Application No.388 of 2023 stands dismissed as withdrawn with no order as to costs. 3. The learned Registrar is directed to refund the court fees as per the Rules.
Nidhi		Sd/- Presiding Officer, DRT-2, Mumbai

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Bank of Baroda v. M/S P J Enterprises

Case brief

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Bank of Baroda v. M/S P J Enterprises

Case brief

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