The Debt Recovery Tribunal dismissed the appeal and other pending applications as settled and withdrawn after the bank received a full and final settlement amount and sought withdrawal of its recovery petition.
Appeal and pending IAs dismissed as withdrawn/settled; Applicant Bank entitled to refund of Court Fee.
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DEBTS RECOVERY TRIBUNAL 1, KOLKATA
| Page No.- Case NO. OA IA/1947/202 |
Order Sheet( continuation) /25/2023 4 THE FEDERAL BANK LIMITED Vs. MR. KASHINATH PROP. M/S. MAHAPRABHU SUPPLIERS & ORS. |
GHOSH, |
|---|---|---|
| Date of the order |
Order with signature | Office action with date and dated signature of parties when necessary |
| 19/09/2024 | Ld. Advocates, Ms. Tutul Das Singh & Mr. Pranit Biswas appear for the Applicant Bank and press the withdrawal petition, bearing application no. IA/1947/2024. In the above said application it is stated that the Applicant has filed a Recovery application for recovery of a sum of Rs.25,84,375.20/- including interest and other reliefs. During pendency of the Recovery Proceedings there has been a settlement between the parties and the Bank has received Rs. 16,40,000/- towards full and final settlement of the dues. Hence, they do not want to proceed with the case. This application is affirmed by Mr. Nandan Kumar, the Manager of the Bank and his signature is identified by Advocate on record. Ld. Advocate for the Applicant Bank also prays for refund of Court Fee, vide IA/1948/2024. In view of this, no prejudice will be caused to the OA defendants if their response is dispensed with in this IA. This instant OA and any other pending IAs are disposed of in the category of dismissed as withdrawn as settled. The Applicant Bank is entitled for refund of Court Fee in terms of the Rules for which the applicant may move before the Registrar of this Tribunal who may take decision in accordance with rules and regulations of the subject. (Ambuja Mohan Das) Presiding Officer |
Rina S.
1 issue framed by the court
Whether the Application should be dismissed as settled and withdrawn by the Applicant Bank.
1 provisions across 1 enactments
THE FEDERAL BANK LIMITED
MR. KASHINATH
PROP. M/S. MAHAPRABHU SUPPLIERS
(Ambuja Mohan Das)
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
