The Debts Recovery Tribunal allowed the withdrawal of an objection application by the Bank of Baroda after the bank recovered dues via e-auction during proceedings and requested to avoid prejudice by dispensing with respondent replies.
Disposed of OA/437/2023 as withdrawn in favour of Applicant; refund prayer remanded to Registrar.
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DEBTS RECOVERY TRIBUNAL 1, KOLKATA
| Page No.- | Order Sheet( continuation) | |
|---|---|---|
| Case NO. OA | /437/2023 BANK OF BARODA Vs NEPAL CHANDRA DEBNATH AND ANR |
|
| Date of the order |
Order with signature | Office action with date and dated signature of parties when necessary |
| Ld. Advocate Mr. Kashinath Mukhopadhyay appears for | ||
| 25/03/2025 | the Applicant Bank and presses the withdrawal petition IA/703/2025 by put up petition IA/702/2025. |
|
| In the above said application it is stated that the Applicant has filed an Recovery application for recovery of a sum of Rs. 63,03,297.31/- including interest and other reliefs. During pendency of the Proceedings, the Bank on 10/12/2024 recovered a sum of Rs. 95,86,000/- in e-auction. Ld. Advocate for Applicant Bank further contends that this sale was challenged by the Borrower Defendant. The Bank appropriated the dues against the outstanding amount and refunded the balance amount and sale certificate was issued to the Purchaser. |
||
| Ld. Advocate for Applicant Bank prays for 50% of application fees as the sale was conducted on compromise with Borrower Defendants and further prays for withdrawal of application as per Section 9. |
||
| In view of this, no prejudice will be caused to the OA | ||
| defendants if their response is dispensed with in this IA. This |
(Sp)
DEBTS RECOVERY TRIBUNAL 1, KOLKATA
| instant OA and any other pending IAs are disposed of in the |
|---|
| category of dismissed as withdrawn as withdrawal. So far as refund of application fees is concerned, the |
| applicant may move before the Registrar of this Tribunal who |
| may take decision in accordance with rules and regulations of |
| the subject.” Registrar is directed to see, if any, original document |
| lies with the OA, to return to the Applicant within a period of 3 |
| weeks from the date of this order to the authorized officer or |
| to the authorized counsel to the applicant bank who may |
| return to the defendant. |
| (Ambuja Mohan Das) Presiding Officer |
(Sp)
1 provisions across 1 enactments
Bank of Baroda
Nepal Chandra Debnath and Anr
Ambuja Mohan Das
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
