Yes Bank v. Resham
Case brief
What is this about?
The Debts Recovery Tribunal allowed an interlocutory application seeking permission to withdraw an original recovery application after an agreed settlement. The court granted the withdrawal and directed a refund of court fees.
What did the court decide?
Permission granted to withdraw Original Application No.1121 of 2023 and refund of court fees.
What the court decided
IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI
(BEFORE HON’BLE PRESIDING OFFICER)
Sr. No.24
INTERLOCUTORY APPLICATION No.1067 of 2024 In ORIGINAL APPLICATION NO.1121 of 2023
Yes Bank
… Applicant
Versus
Resham Sinha … Defendant
Ms Aparna Jagtap i/b Mrs Uma S. Fadia – Advocate for the applicant. None for defendant.
Shri Deepak M. Thakkar Presiding Officer, 21st May 2024.
ORDER
- Ms Jagtap, representing the applicant, submits that parties have amicably settled the matter for Rs.2,27,29,909.08 in full and final satisfaction of the applicant’s claim. It is stated that the court fees is not debited from the borrower’s account and therefore, it is entitled for the refund. Ms Jagtap seeks the Tribunal’s permission to withdraw the Original Application. Permission granted. Interlocutory Application No.1067 of 2024 is allowed with no order as to costs.
Issues for consideration
2 issues framed by the court
Whether permission to withdraw the Original Application upon settlement needs to be granted.
Whether court fees should be refunded upon withdrawal of the application.
Parties & counsel
- applicant
Yes Bank
Coram
Deepak M. Thakkar
Case details
As recorded by the court registry
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