The Tribunal allowed the applicant bank's miscellaneous application to withdraw recovery proceedings, noting the loan account was amicably settled and the settlement amount was paid by respondents.
Allowed the withdrawal of the Recovery Certificate and directed the Recovery Officer to close the recovery proceedings and return documents if in the file.
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.
IN THE DEBTS RECOVERY TRIBUNAL,AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
06.05.2024
Sr. No. MA No.02/2024
SPEAKING MINUTES IN THE ORDER DATED
12 TH JANUARY, 2024
IN
MISCELLANEOUS APPLICATION No.02/2024
Central Bank of India ..Applicant
Versus
Narayan Krishi Seva Kendra ..Respondents
The matter is taken through Hybrid.
1. In this matter inadvertently the whole order is wrongly typed
by the steno as “1. In this matter the learned counsel
appearing for the applicant submits that the matter is closed.
He requests for withdrawal of the matter. 2. In view of the
above statement made by the counsel for the applicant, I pass
the following order through video conferencing.
ORDER
A. As the matter is closed the Miscellaneous Application
No.02/2024 stands disposed off. B. All interlocutory
applications stands disposed off accordingly. C. Consign the
file to the Record Room”.
Instead of above, it should be read as follows :
1. “By this Misc. Application, the learned counsel for the
applicant bank seeks permission of this Tribunal to
withdraw the Recovery Certificate No. 16/2011 issued in
Original Application No.26/2005 as the account is
amicably settled between the parties and the respondents
have paid entire settlement amount of Rs.6,75,000/-
(Rupees Six Lacs Seventy-Five Thousand only) on 14 th
February, 2023 towards full and final settlement of the
loan account and the bank has issued no dues certificate
Classifi cation No. of Exh.
[SBJ] (MA No. 02/2024) Page 1 of 2
IN THE DEBTS RECOVERY TRIBUNAL,AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
dated 03-03-2023 to the defendant no.1 and the applicant bank would not like to proceed further with the said Recovery Proceeding No.16/2011.
2. The applicant has made out the case for withdrawal of the Recovery Certificate as it is satisfied.
3. In view of the above, I pass the following order through Hybrid:
The above mentioned bold and inverted is required to be inserted in the order dated 12th January, 2024.
Save and except the above, there are no other changes in the order dated 12th January, 2024.
A copy of this order be placed alongwith the ordersheet dated 12th January, 2024.
The parties may download the order from the official web-site. (Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad
[SBJ] (MA No. 02/2024) Page 2 of 2
1 issue framed by the court
Whether permission to withdraw the recovery proceedings due to settlement of the loan account should be allowed.
Central Bank of India
Narayan Krishi Seva Kendra
Vimal Gupta
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
