Disposal of an SA regarding SARFAESI proceedings where the respondent bank withdrew notices. Application was held infructuous, and the bank was directed to pay half the court fees.
SA dismissed as infructuous; Respondent bank directed to pay Rs.13,255/- (50% of court fees) to the applicant.
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DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH
SA/109/2023 ANKUR ABROL Vs JAMMU AND KASHMIR BANK LIMITED
12.07.2023 Item No.47
Present: Sh. Vaibhav Gupta, Counsel for the Applicant. Sh.Vivek Verma, Counsel for respondent bank.
In this SA, applicant had challenged the SARFAESI proceedings initiated by the bank. Mr.Verma has filed reply to the SA wherein it has been stated that bank has withdrawn the notices issued by the bank. Mr.Verma states that the present SA be dismissed as having become infructuous.
Counsel for the applicant states that on account of negligence on the part of respondent bank, applicant has been put to inconvenience and he states that respondent bank be burdened with cost of court fees, which has been paid by the applicant.
In view of this, respondent bank is burdened with cost of 50% of the court fees, which has been paid by the applicant i.e. Rs.13,255/-. Respondent bank is directed to credit the account of the applicant with the 50% of the court fees. Accordingly, the SA stands disposed of.
File be consigned to record room after due compliance.
(A S Narang) Presiding Officer DRT-I, Chandigarh
MANOJ
ANKUR ABROL
JAMMU AND KASHMIR BANK LIMITED
A S Narang
MANOJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
