The Debts Recovery Tribunal-3 upheld the withdrawal of Order No. 167/2023, dated 02.05.2025, which sought recovery of a settlement amount, as the parties had compounded the matter and the applicant bank realized the funds.
OA disposed as withdrawn; Applicant directed to return original Title Deed within 15 days.
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Debts Recovery Tribunal-3, Kolkata Order Sheet ( Contin uatio n )
| CaseNo. OA/1 | 67/2023 Union BankofIndia Vs. s. BaishakhiFoods&Co,&Or |
s. |
|---|---|---|
| DateofOrder | Orderwithsignature |
date and dated !!qessary |
| OrderNo.07 Dt.02.05.2025 S l.No,15 |
ForApplicant ForDefendant Ld. Counsel Fanda Yasmin None lA/3379/23istakenupforhearing. HeardLd.counsel appearing for ApplicantBank. Considered. Noneappearsfrom thesideoftheDefendant. |
|
| LdCounselfortheApplicantfiledI.A.No.3379of2023 inview ofthe factthattheO.Awhich wasfiledseekrng recovery of Rs.60,10,657.03/-issetuedandhas prayedforwithdrawal of thepresentO.A. The applicationls supported by affidavttofSri Satish Kumar Jha, BranchManagerof theapplicantBank. |
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| DuringthependencyoftheO.A.thedefendanthave compromised and settledthematterandtheAppticant Bankhas realizedandreceivedthesettledamountandissuedtheNOC andmade prayertodisposeofthe matterfornonprosecution. There is nootherimpedimentifprayerissoaltowed. TheApplicanthasalsofiled thesameLA.seekingrefund of courtfees. Asfaras refundofCourtfeeis concerned, hemay approachbeforetheLd.Registrarwhowilt takeappropnate decisioninthe matterasperextantrules.Accordlngly,I.A.No. 3379of2023is disposedofaswithdrawnand setfled amicably. |
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| TheApplicant is directedtoreturn the originalTiUe Deedtothe O,A. defendants,afitisnotalready done,within15daysfrom thedateofthasorder,as perrules. |
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| O.A.No.167of2023atongwitha[pendingLA.s, rf any,is disposed aswithdrawnbeing setfled amicably. FalebeconsignedtoRecord Roomafterobservingaformaljtaes. |
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| (KamalDe) PresidrngOfficer DRT-3, Kolkata |
Union Bank of India
S. Baishakhi Foods & Co. & Ors.
KamalDe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
