Withdrawal of recovery proceedings due to settlement. Directions for asset return and discharge of receiver.
Proceedings dismissed as withdrawn as settled; receiver to deliver asset; bank to pay remitter Rs.10,000 to Receiver.
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DEBTS RECOVERY TRIBUNAL 1, KOLKATA
Order Sheet (continuation)
| Case No.OA/ |
429/2022 KOTAK MAHINDRA BANK LIMITED Vs VARDHAN H JAISWAL |
Office action with |
|---|---|---|
| Date of the Order |
Order with Signature | date and dated Signature of Parties when necessary |
| 24/04/2025 | Ld. Advocate Ms. Atika Ariff appears for the Applicant Bank and presses the withdrawal petition, bearing application no. IA/1025/2025. |
|
| In the above said application it is stated that the Applicant has filed an Recovery application for recovery of a sum of Rs. 9,95,49,796.13/- including interest and other reliefs. During pendency of the Recovery Proceedings there has been a settlement between the parties and the Bank has received full and final settlement of the dues. Hence, they do not want to proceed with the case. |
||
| This application is affirmed by Mr. Rudranarayan Roychowdhuri, the Authorized Representative of the Bank and his signature is identified by Advocate on record. Ld. Advocate for the Applicant Bank also prays for refund of application fee. In view of this, no prejudice will be caused to the OA defendants if their response is dispensed with in this IA. This instant OA and any other pending IAs are disposed of in the category of dismissed as withdrawn as settled. The Applicant Bank is entitled for refund of Court Fee in terms of the Rules for which the applicant may move before the Registrar of this Tribunal who may take decision in accordance with rules and regulations of the subject. Ld. Receiver is directed to deliver the commercial space to borrower. Regarding the return of the asset, any incidental expense of Receiver has to be borne by the Applicant Bank. Applicant |
(Sp)
DEBTS RECOVERY TRIBUNAL 1, KOLKATA
| Date of the Order |
Order with Signature | Office action with date and dated Signature of Parties when necessary |
|---|---|---|
| Bank is directed to pay additional Rs. 10,000/- to Ld. Receiver | ||
| Ms. Ahana Rakshit. After payment of remuneration and incidental expenses, Receiver is discharged. IA/1026/2025 is moved which is a put up application. Since the record is put up, the IA/1026/2025 is disposed of. |
||
| (Ambuja Mohan Das) Presiding Officer |
(Sp)
KOTAK MAHINDRA BANK LIMITED
VARDHAN H JAISWAL
Ambuja Mohan Das
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
