The Tribunal disposed of an application for recovery transferred from another tribunal. It allowed the applicant bank's prayer to treat the claim as settled out of court after defendants remitted a sum towards settlement and executed a full satisfaction memo.
Disposed of the recovery application as settled out of court without costs and directed return of original documents.
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.
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TA No. 154 of 2023 13.12.2023
IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 13th day of December, 2023
Present: Shri Ganapathi K.R.K. Presiding Officer
TRANSFERRED APPLICATION No.154 of 2023
(Originally filed before DRT- II, Chennai as OA No.784 of 2019 and thereafter transferred to this Tribunal and renumbered as TA No.154 of 2023)
Bank of India
(Royapettah Branch) 130, (Old No.240), Royapettah High Road Royapettah Chennai – 600 014 …. Applicant
Vs
1. Mr.M.Arumugam
S/o Mr.K.Mani Chettiyar New No.2, Old No.63, Ponniamman Kovil Street Alandur
Chennai – 600 016
2. Mr.M.Muthukrishnan S/o Mr.M.Mani Chettiyar New No.2, Old No.63, Ponniamman Kovil Street Alandur Chennai – 600 016
3. Mrs.M.Santha
W/o Mr.K.Mani Chettiyar New No.2, Old No.63, Ponniamman Kovil Street Alandur
Chennai – 600 016
4. Mrs.B.Nithya
D/o Mr.K. Mani Chettiyar New No.2, Old No.63, Ponniamman Kovil Street Alandur Chennai – 600 016
5. Mrs.M.Vijaya D/o Mr.K. Mani Chettiyar New No.2, Old No.63, Ponniamman Kovil Street
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TA No. 154 of 2023 13.12.2023
Alandur
Chennai – 600 016 .... Defendants
Counsels on record / appeared:
Counsel for Applicant : M/s. S.Sathiyanarayanan Counsel for 1st defendant : M/s. S.Vignesh
ORDER
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TA No. 154 of 2023 13.12.2023
documents filed along with proof affidavit to applicant bank under proper acknowledgment as per extant guidelines. All other interlocutory applications, if any pending shall stand closed.
(Dictated to Steno (DD), transcribed by her, corrected, signed and pronounced by me in open court on this the 13th day of December, 2023)
Sd/- (GANAPATHI K.R.K) PRESIDING OFFICER
1 issue framed by the court
Whether the original application for recovery should be disposed of as settled out of court upon remittance of funds and execution of settlement memo.
Bank of India (Royapettah Branch)
Mr.M.Arumugam
Mr.M.Muthukrishnan
Mrs.M.Santha
Mrs.B.Nithya
Mrs.M.Vijaya
GANAPATHI K.R.K
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
