In Application 37/2022, the applicant challenged SARFAESI proceedings which the bank later withdrew, citing a bona fide error. The Presiding Officer disposed of the application, granting partial adjustment against the debited amount.
Accessory account debited by Rs.1,27,739/- only; Rs.3,00,000/- court fee adjusted; the special application disposed of.
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DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH
SA/37/2022 SH GURINDERJEET SINGH Vs UNION BANK OF INDIA
16.03.2023 Item No.87
Present: Sh. Rohit Sapra, Counsel for the Applicant. Sh.Abhinav Bali, proxy for Sh.Shailender Kashyap, Counsel for respondent bank.
In this case bank had initiated the SARFAESI proceedings. However, when the applicant had challenged the same by filing the present SA, bank had withdrawn the demand notice issued under SARFAESI Act. Thereafter, applicant filed IA No.616/2022 wherein he alleged that the bank be restrained from debiting the expenses which may have been incurred by them in the SARFAESI proceedings. Mr.Sapra states that he has also deposited Rs.1 lacs as court fee to this Tribunal.
I have heard counsel for the parties.
As per the bank it intends to debit the account of the applicant by Rs.3,27,739/-. Apart from this, applicant has deposited Rs.1 lacs in this Tribunal as court fees. Mr.Abhinav Bali, counsel for respondent bank states that bank has withdrawn the SARFAESI proceedings as there was bona fide error in the same.
Considering the totality of circumstances, applicant is entitled to debit the account by Rs.1,27,739/- and would adjust the sum of Rs.3 lacs in the account. Accordingly, the present SA stands disposed of .
File be consigned to record room after due compliance.
(A S Narang) Presiding Officer DRT-I, Chandigarh
MANOJ
Sh Gurinderjeet Singh
Union Bank of India
A S Narang
As recorded by the court registry
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