Disposed

Bank of India v. M/s Ramlingraj Automobiles

DRT25 Oct 2023OA/42/2022

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal disposed of an interlocutory application filed by the applicant regarding settlement and refund of court fees, granting permission to withdraw an original application and dismissing the main application as withdrawn.

What did the court decide?

Permission to withdraw the main application granted; Main application dismissed as withdrawn; Court fees directed to be refunded.

Bank of India versus M/s Ramlingraj Automobiles — Banking and Recovery | 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.14

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INTERLOCUTORY APPLICATION No.2237 of 2023 In ORIGINAL APPLICATION NO.42 of 2022

Bank of India

… Applicant

Versus

M/s. Ramlingraj Auotmobiles & Ors. … Defendants

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Mr A.B. Shinde – Advocate for the applicant. None for defendants.

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Shri Deepak M. Thakkar Presiding Officer, 25^th October 2023. ORDER

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Mr Shinde, representing the applicant, submits that the parties have amicably settled the matter in two account. The learned counsel submits that the applicant has settled all the 3 accounts of the defendants and have received an amount in the sum of Rs.5.50 crores. The applicant has already withdrawn the Original Application No.28 of 2022 and Original Application No.29 of 2022. In the present case, the applicant has adjusted an amount in the sum of Rs.98,12,779.96. Mr Shinde drew the Tribunal’s attention to paragraph 7 to show that the applicant has not debited the court fees from the borrower’s account and therefore, it is entitled for refund. Mr Shinde therefore, requests the Tribunal permission to withdraw the Original

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Page 1 of 3

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Application. Permission granted.

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Interlocutory Application No.2237 of 2023 is allowed with no order

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as to costs.

Sd/-

Radhika

Page 2 of 3

IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI

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(BEFORE HON’BLE PRESIDING OFFICER)

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ORDER SHEET

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25.10.	2023
Sr. N	o.14	OA No.42 of 2022
classifi -cation	No. of Exh.	Bank of India Vs. M/s. Ramlingraj Automobiles & Ors.
		Mr A.B. Shinde – Advocate for the applicant. None for defendants.
		1. Order in Interlocutory Application No.2237 of 2023 passed separately. 2. In view of the order passed in I.A. No.2237 of 2023, Original Application No.42 of 2022 stands dismissed as withdrawn with no order as to costs. 3. The learned Registrar is directed (i) to refund the court fees and (ii) to return the original documents as per the Rules.
Radhika		Sd/- Presiding Officer, DRT-2, Mumbai

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Page 3 of 3

Bank of India v. M/s Ramlingraj Automobiles

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Bank of India v. M/s Ramlingraj Automobiles

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