The Supreme Court disposed of a Special Appeal (SA) filed under the SARFAESI Act by theapplicant seeking withdrawal of the action. The appeal was allowed as withdrawn upon proof of settlement payment by the applicant.
SA disposed as withdrawn; Bank directed to return Title Deed of Flat No. 203 at Shiwalaya Apartment.
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Order Sheet
Case No. SA 19 of 2022 MOHIT SHARMA –VS- SOUTH INDIAN BANK Office action with Date of date and dated Order with Signature Signature of the Order Parties whennecessary
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5.9.2024 Mr. Pritam Modak, (Sl. No. 23) Ms. Preeti Sahu. … For the Sarfaesi Applicant. Mr. Supriyo Singh. (Virtually) … For the Respondent Bank. Learned counsel for the sarfaesi applicant has filed an application IA 1953 of 2024 praying for withdrawal of SA, as per the direction of settlement in letter dated 6.8.2024 issued by the respondent bank.
As per the terms of settlement, the applicant paid a sum of Rs.16,00,000/- for release of the property described in schedule of this letter, i.e. Flat No. 203 on 2nd Floor at Shiwalaya Apartment.
Hence, SA is disposed of as withdrawn by the applicant. The respondent bank is directed to return the Title Deed of Flat No. 203, 2nd Floor, at Shiwalaya Apartment.
(Ambuja Mohan Das) Presiding Officer
ac
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Mohit Sharma
South Indian Bank
Ambuja Mohan Das
As recorded by the court registry
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