Bank of Baroda v. Prakash
Case brief
What is this about?
The Tribunal granted the applicant Bank of Baroda permission to withdraw Original Application No. 506 of 2022, noting the defendants had paid the dues and requested the refund of court fees, directing the Registrar accordingly.
What did the court decide?
Permission to withdraw Original Application No.506 of 2022 and refund of court fees.
What the court decided
IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI (BEFORE HON’BLE PRESIDING OFFICER)
Sr. No.18
INTERLOCUTORY APPLICATION No.980 of 2023 In
ORIGINAL APPLICATION NO.506 of 2022
Bank of Baroda … Applicant
Versus
Mr.Prakash Avantilal Doshi & Ors. … Defendants
Ms Pranjali Asubhe i/b Ms Purnima Pandit – Advocate for the applicant.
None for defendants.
Shri Deepak M. Thakkar Presiding Officer, 29th May 2023.
ORDER
- The applicant seeks the Tribunal’s permission to withdraw the Original Application stating that the defendants paid the sum of ₹1,22,09,883/- and therefore, requests the Tribunal to grant permission to withdraw the Original Application. The learned counsel submits that the court fees are not debited from the borrowers account and therefore, the applicant is entitled for the refund of court fees. Permission to withdraw the Original Application is granted.
Issues for consideration
1 issue framed by the court
Whether the Tribunal has jurisdiction to grant permission to withdraw an original money recovery application upon deposit by the borrowers.
Parties & counsel
- applicant
Bank of Baroda
- respondent
Mr. Prakash Avantilal Doshi
Coram
Deepak M. Thakkar
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court