The court dismissed appeals and connected interim applications as settled after the bank paid the settlement amount and issued a No Due Certificate, causing disposal without prejudice to the respondent.
The appeal and connected interim applications were dismissed as settled upon confirmation of the No Due Certificate.
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.
| Order Sheet(continuatlon) | |
|---|---|
| CaseNo. sA/20/202 |
3 llt.-s. anupritaoeyvs.BakofBaroda& Anr' |
| Dateof Order |
Orderwithsignature |
| OrderNo. Dt30.01.2024 Sl-tra-3z |
LdcounselMr.PurnashaChatterjee appearsforthe Sarfaesiapplicantbank. Applicanthasmovedl.A.58of2024byputuppetition beingI.A.57of2024 prayingforwithdrawalofthemainS A' TheI.A.issupportedbyanaffldavitaffirmed bytheapplicant Nodue certificateissuedbytherespondentbank isannexed totheinstantI.A.Prayerisallowed. TheS.A. No.20of2023 wasfiledon30.12 2022forrecovery ofRs.12.4o,OOO/-.DuringthependencyoftheS A theSarfaesi applicant haspaidRs.12.40.OOO/-asa settlement amountand therespondentBank has realizedandreceivedtheamountand issuedthe'NoDue Certificate'dated16 102023andmade prayertodisposeofthematterfornonprosecutionNooneis presentfortherespondentbankSincethisisanamicable settlement noprejudicewillbe causedtotherespondent bankif theirresponseisnotinvitedonthisI.AThereisnoother impedimentifprayerissoallowed. Accordingly,I A No58of 2024andI.A.57of2024aredisPosedofbeing withdrawnas settledamicablY. S.A. No.20of2023 alongwithallotherpendingI Asare dlsposedofaswithdrawn. File beconsignedtorecord afterobserving allformalities' (KArvrAL DE) PRESIDINGOFFICER DRT-iiI,KOLKATA |
Anupritaoey
Bank of Baroda & Anr
KANTALAL DE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
