Admitted miscellaneous application seeking refund of court fees following withdrawal of original order without operative observation.
Refund of court fees to be granted as per rules and orders passed by the Hon’ble Bombay High Court.
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
| 0 S |
4.06.20 r. No.4 |
24 2 MA No.38/2024 |
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| Classifi cation |
No. of Exh. |
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| MISCELLANEOUS APPLICATION No.38/2024 Asset Care & Reconstruction Enterprise Ltd. ..Applicant Versus Jai Bajrang Ginning And Pressing Pvt Ltd & others. ..Respondents Mr. Shantanu A. Deshpande - Advocate for the applicant None for the Respondents. The matter is taken through Hybrid. 1. In this matter the applicant (Earlier Axis Bank Ltd.) had filed OA No.455/2017 against the respondents. Thereafter vide assignment agreement dated 27thMarch, 2017 the applicant ARC came to be assigned with loan facilities from the Axis Bank. |
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| 2. In the meanwhile, during pendency of the OA, respondents approached the applicant ARC and settled the matter under OTS and paid the OTS amount accordingly the applicant ARC issued No Dues Certificate to the respondents on 31st December, 2021. 3. The applicant filed Interlocutory Application No.844/2023 seeking amendment / substitution in the place of Axis Bank |
[SBJ]
(MA No. 38/2024) Page 1 of 2
IN THE DEBTS RECOVERY TRIBUNAL,AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
Pvt. Ltd. and also Interlocutory Application No.845/2023
filed for withdrawal of the Original Application No.455/2017
which was allowed on 04 th July, 2023. The applicant
approached the Registrar for refund of Court Fees but it was
turned down for the reason of absence of specific order /
observation in the operative part.
4. Therefore the applicant has filed the present application for
seeking appropriate orders / directions with respect of refund
of Court Fees.
5. The applicant has made out the case for refund of court fees.
6. In view of the above, I pass the following order:
ORDER
A. Miscellaneous Application No. 38/2024 is allowed.
B. The court fees be refunded as per rules and as per the
orders passed by the Hon’ble Bombay High Court.
C. Consign the file to the Record Room.
(Vimal Gupta)
Presiding Officer
Debts Recovery Tribunal, Aurangabad
[SBJ] (MA No. 38/2024) Page 2 of 2
1 issue framed by the court
Whether the applicant is entitled to refund of court fees for an original application withdrawn without a specific order.
Asset Care & Reconstruction Enterprise Ltd.
Jai Bajrang Ginning And Pressing Pvt Ltd
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
