The Debts Recovery Tribunal Kolkata dismissed the ongoing proceedings as withdrawn and settled amicably after the dispute was resolved and a No Dues Certificate was issued by the bank.
Case dismissed as withdrawn and settled amicably; original title deed to be returned within 15 days; Court fee refund decision to Registrar.
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.
Debts Recovery Tribunal-3, Kotkata Order Sheet (Continuation)
Case No, OAl 161/2024
Bank of India Vs. M/s Vithika Almal Jalan and Anr.
| Dateof order |
orderwithsignature |
|---|---|
| OrderNo,3 ot.tatoT12024 Sl,No.18 |
Present: ForApplicant:MsADaswith ForOefendant: LdCounsels |
| som | LdCounselfor theApplicantfiledI.A.No.2329 of 2024 inviewof the factthat theO.A.wasfiledseeking recoveryofRs. 7,39,74,56A/- andprayedforwithdrawalof thepresent O.A.The applicationissupportedbyaffidavitofMs.Ankita Singh,Chief Manager andAuthorizedOfficerof the ApplicantBank. During the pendencyoftheO.A.thedefendanthavecompromisedand settledthematter andtheapplicantbankhasrealizedand receivedthesettled amount andissuedthe'NoDues Certificate, dated25/04/2024and made prayertodisposeofthematterfor nonprosecution.Therejsnootherampedimentifprayerisso allowed.Accordingly,I.A.No.2329of2024asdisposedofas withdrawn as settled amicably.I.A.No.2G12of 24beingtheput uppetitionisalsodisposed of. |
| TheApplicantisdirectedtoreturn theorigtnalTiUe Deedtothe O.A.defendantsifitlsnotalready returnedwithin15 daysfrom the dateof thisorder.Sofar asrefundofCourtfeeis concerned, hemayapproachbeforetheLdRegistrarwhowilltake appropriate decision inthe matterasperextantrules. O.A.No.161of2024 alongwithallpendingI.A,s,ifany,are dasmissedaswithdrawnassettled amicably. File beconsignedtoRecord Roomafterobserving allformalities. (KamalDe-J- PresidingOfficer DRT-3,Kolkata |
2 issues framed by the court
Whether the Original Arbitral Tribunal can continue to entertain the proceeding given the dispute has been settled.
What course action is required regarding the Order Sheet in view of the withdrawal of the application.
Bank of India
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
