The Tribunal allowed the withdrawal of the Original Application filed by IDBI Bank against the respondent. The Bank had settled the matter out of court and received the settlement amount. The Tribunal held that as the Bank is the dominus litis, it has the right to settle.
Original Application withdrawn; documents returned to bank; court fees refunded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
| 04/09/2023 | Ex. No. |
Before Presiding Officer Dr. Rekha G. Dhakar, DRT-1, Mumbai. Roznama in OA 512 of 2022 IDBI Bank Vs Mr. Shirajali Mohammedali Gillani |
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| Advocate Ajusha Anchal a/w Advocate Savvy |
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| Kolhekar i/b Mrs. Rathina Marawarman | |||
| appeared for the Applicant. IA No. 2643/2023 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 |
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| amount of Rs.5,78,500/- |
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| (Rupees Five Lacs Seventy Eight Thousand Five Hundred Only) towards full and final settlement of entire OA claim of Rs. 33,54,163/-. |
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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 dominus litis in their matter, therefore, IA
4.
No. 2643/2023 is allowed and Original is as Application hereby disposed withdrawn. 5. The Registry of this Tribunal is hereby directed to return the complete documents of the OA to the authorized officer of the applicant bank before the Ld. Registrar on 18/09/2023 after obtaining necessary acknowledgment. However, the order sheets as well as the plaint and necessary documents shall be kept with this Tribunal. 6. The applicant is directed to follow the procedure of refund of court fees as per the DRT (Refund of Court fee) Rules 2013. File be closed and consigned to record room. P.O. DRT-I
Sgj/-18
2 issues framed by the court
Whether the Debt Recovery Tribunal has the power to object to the withdrawal of an application when settled out of court.
Whether the Tribunal can interfere with the contractual settlement between the bank and the borrower.
Colour shows how this judgement treated each authority
Satish Chand Gupta & Ors. Vs. SBI-W.P © 2588/2010Referred¶3
Satish Chand Gupta & Ors. Vs. SBI-W.P © 2588/2010
IDBI Bank
Mr. Shirajali Mohammedali Gillani
Dr. Rekha G. Dhakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
