In SA/285/20 proceeding before the DRT, Kolkata, the Court allowed IA No. 2150/2023 seeking withdrawal of the main appeal. The applicant deposited the full one-time settlement amount.
IA No. 2150/2023 allowed; main SA and all pending IAs disposed of as withdrawn.
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.
| Order Sheet( continuation) | ||
|---|---|---|
| Case No. SA/285/20 |
22 Sailendra Kumar Tripathi & Ors. Vs. Canara Ba |
nk |
| Date of Order |
Order with signature | Office action with date and dated signature of parties when necessary |
| 09/10/2023 rc |
Ld counsel Mr. Ankit Chaterjee appears for the Sarfaesi applicant. Applicant has moved I.A. 2150 of 2023 praying for withdrawal of the main S.A. The I.A. is supported by an affidavit affirmed by the applicant. Ld counsel for the applicant submits that during the pendency of the S.A. One Time settlement has been arrived at between the parties at Rs.13.82 lakh and entire amount was deposited by the applicant and defendant bank is not going to continue the instant proceeding. Since this is an amicable settlement between the parties and Sarfaesi Applicant intends to withdraw the main S.A., no prejudice will be caused if the I.A. is allowed without inviting response from other side. Accordingly instant I.A.No. 2150 of 2023 is allowed and stands disposed of in the category of dismissed as withdrawn as amicably settled. IA No.2149 of 2023 is disposed of as a put up. S.A. No. 285 of 2022 along with all other pending I.As are disposed of as withdrawn. File be consigned to record. (AMBUJA MOHAN DAS) PRESIDING OFFICER DRT-I, KOLKATA |
1 issue framed by the court
Whether to allow an alteration in the status of the main appeal and other summary applications as withdrawn due to an amicably settled one-time settlement between the parties.
Sailendra Kumar Tripathi & Ors.
Canara Bank
Ambuja Mohan Das
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
