Banking recovery proceeding where the bank officer deposed that a compromise was arrived at with the defendants who deposited the settlement amount. Court allowed withdrawal of the Order of Attachment (O.A.).
Present Order of Attachment (O.A.) stands disposed of as withdrawn.
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.
CONTD. ORDER . SHEET
PAGE NO
CASE NO
| DATE | DESCRIPTION OFTHEORDER |
|---|---|
| oA45/72 73/07/75 |
Appticantsby Shri Sanjeev Dubey, Advocate Defendants No.-1&2 areex-parte NonefortheDefendantNo.-3 |
| CounselforApplicantfitedanaffidavitofShri SandeepDwivedi,SeniorManager.TheOfficer ofthe Bankhasdepositedthatintheinstant0A compromise/setttement hasarrivedatbetweenthe partiesandasper termsand conditionsofthesaid compromisetheDefendantshavedepositedthe compromiseamountofRs.19,85,900/-andthe Appticant-Bank doesnot wanttopresstherecovery ctaimedin the instantcase. TheCounselforAppticant furtherpraysforpermissiontowithdrawthepresent 0AsincetheBankdoesnot wanttoprosecutethe instantcase. |
|
| ConsideringtheaffidavitoftheOfficerofthe Appticant-Bank'andthesubmissionmadebythe CounselforAppticantthat theDefendanthas depositedan amountofRs.19,85,900/- towards futl andfina[setttementofthecase,thepresent0A standsdisposedofaswithdrawn.Recordbe consignedto therecordroom. (Ram sPatel) Presidingofficer DRT:Jabatpur CampCourt:Raipur |
REMARK
vt,$
2 issues framed by the court
Whether to allow the applicant's prayer to withdraw the proceeding on the terms of the settled compromise.
Whether the proceedings should be disposed of as withdrawn once the defendants have deposited the settlement amount.
Applicant
Defendant No.-1
Defendant No.-2
Defendant No.-3
Ramans Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
