The Debts Recovery Tribunal, Kolkata, disposed of an application for withdrawal of a recovery order following an out-of-court settlement between the parties.
Disposal of O.A. 575/2022 and I.A. 4424/2024 as withdrawn and settled; direction to return original title deed within 15 days.
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,OA/5 | BankofIndia Vs 75/2022 |
|
|---|---|---|
| . s.chowdhu Fertilizers&Ors |
. | |
| DateofOrder | Orderwithsignature | Ofice aaionwittr |
| OrderNo.04 ot.27.11.2024 Sl,No.23 |
Present: ForApplicant:Ld. CounselDipak KumarBaneriee ForDefendant:None lA/4425/24istakenupforhearing. HeardLd.counsel appearing for ApplicantBank. Considered. Noneappearsfrom thesideoftheDefendants. Ld Counselfor theApplicanthasfiledI.A.No.4425of2024in vielvof the factthattheO.Awhichwasfiledseeking recoveryof Rs.67,29,508,04/-issettledandhasprayedforwithdrawal of thepresent O.A. The application is supportedby affidavitofl4r. Sachin Kumar, ChiefManageroftheapplicantBank. DuringthependencyoftheO.A.thedefendantshave compromised and settledthematterand the Applicant Bankhas realizedandreceivedthesettled amountandissuedthe'No DuesCertificate'andmade prayertodisposeofthematterfor nonprosecution. Thereisno otherimpedimentifprayerisso allowed. Accordingly,I.A.No.4425ot2024 isdisposedofas withdrawn and settledamacably.I.A.No.4424of2024being the putuppetitionrsalso drsposedof. TheApplicantisdlrectedtoreturn the original TitleDeedtothe O.A. defendants,afitisnotalready done,within15 days f.om thedate ofthis order,asperrules. |
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| o.A.No.575of2022alongwithallpendingI.A.s,ifany,is disposed aswithdrawnbeing settled amicably. File beconsignedtoRecord Roomafterobserving allformalities. (KamalDe) PresidingOfficer DRT-3, Kolkata |
Bank of India
Fertilizers & Ors
As recorded by the court registry
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