The Debts Recovery Tribunal allowed the interlocutory application for withdrawal of Original Application No.1078 of 2023 after parties settled for Rs.62 lakhs and granted permission to refund court fees.
Permission granted to withdraw Original Application No.1078 of 2023 and refund court fees.
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 No.2, MUMBAI
(BEFORE HON’BLE PRESIDING OFFICER)
Sr. No.18
INTERLOCUTORY APPLICATION No.816 of 2024
In ORIGINAL APPLICATION NO.1078 of 2023
Bank of Baroda
… Applicant
Versus
M/s. Bakelite Enterprises Shah … Defendant
Mr Suhas Sadanand Patil – Advocate for the applicant. None for defendant.
th April 2024.
ORDER
Sd/-
(Deepak M. Thakkar)
Nidhi
IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI
(BEFORE HON’BLE PRESIDING OFFICER)
ORDER SHEET
18.04.2024
Sr. No.18
| classifi- cation |
No. of Exh. |
OA No.1078 of 2023 Bank of Baroda Vs. M/s. Bakelite Enterprises Ltd. |
|---|---|---|
| Mr Suhas Sadanand Patil – Advocate for the applicant. None for defendant. |
||
| 1. Order in I.A. No.816 of 2024 passed separately. 2. In view of the order passed in I.A. No.816 of 2024, O.A. No.1078 of 2023 stands dismissed as withdrawn with no order as to costs. |
||
| 3. The learned Registrar is directed to refund the court fees as per the Rules. |
||
| Nidhi | Sd/- Presiding Officer, DRT-2, Mumbai |
3 issues framed by the court
Whether the original application stands dismissed as withdrawn upon amicable settlement.?
Whether court fees are eligible for refund when the application is withdrawn?
Whether permission is required for withdrawal of the original application?
Bank of Baroda
M/s. Bakelite Enterprises Ltd.
Deepak M. Thakkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
