Debts Recovery Tribunal allowed the withdrawal of a recovery petition filed by Pegasus Assets against Mohan after the parties reached an out-of-court settlement. The applicant received full payment and issued a clean chit.
Withdrawal of O.A. 396 of 2023 allowed; Case disposed of.
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, KOLKATA Order Sheet (Continuation)
| CaseNo.O. | A./396/2023 PegasusAssets MotorBusiness ReconstructionPvt. Pvt.Ltd.&Ors. Lt |
d. Vs.Mohan |
|---|---|---|
| Dateof Order |
Orderwithsignature | Office action dated Signature of parties when |
| OrderNo. x.29.44.2024 Sl.No.29 |
Present: ApplicantF.I Defendants AdilRashid,Advocate PrasenjitPal :lvlr ;Mr |
|
| ApplicantF.I.anddefendantshavefiledajoint applicationforwithdrawat ofO.A.396 of2023. Infiling thispetition,itisstatedthatpursuantto theorderdated06.03.2024oftheHon,bleDRAT, Kolkatathe matterhasbeenjointlysetued along with another loanaccountnamely,lvl/s SunriseConclave PrivateLimited by andbetweenthepartieshereinfor asumofRs.5,60,00,000/-andtheapplicantF.I.has realizedthe entiresetued amount as perthe terms of the settlement andalsothedelayedpaymentinterest whichhas accrued amounungtoRs.5,67,81,530.Ogp. Theapplicant F.LhasalsoissuedNoduecertificatein favourofthedeFendantson0I.O4.2024. Ld counselforapplicantF.Lsubmitsthatinviewof theaforesaidamicable setUementof disputesbetween theparties,theapplicantF.I.maybepermittedto withdrawtheinstantcase. Heardtheldcounselsforboth parties.Considered. Itappearsthatthematterhasbeensetfledin termsof theorder dated06.03.2024of theHon,bte DMT,Kolkata. Italso appearsthat theapplicant F.I.doesnot want toproceedwith thecaseanyfurther. Asthematterhas beensettledbetweentheparties andasthe applicant F.I.isnotwlingtoproceed with thecase,thisTribunalshouldnotstandontheway. Hence, |
Ordered
O.A. 396 of 2023 is withdrawn asper thejoint application for withdrawal of the case filed by the parties on 29.04.2024.
So far refund of Court fee is concerned. applicant F.I. may approach before the Ld Registrar who will take appropriate decision in the matter.
O.A. 396 of 2023 is disposed of accordingly. File be consigned to Record Room after observing all formalities.
(KAMAL DE) PRESIDING OFFICER DRT-III. KOLKATA
Pegasus Assets Motor Business Reconstruction Pvt. Ltd.
Mohan
KAMAL DE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
