Partly allowed

State Bank of India v. Gayabai Bajirao Shinde

DRT20 Feb 2025RA/2/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal partly allowed an interlocutory application requesting withdrawal of a review application. The court disposed of the review application as withdrawn since the borrower deposited the full amount, and ordered the return of original documents and a hearing was held on the issue of court fees refund.

What did the court decide?

Withdrawal of Review Application allowed; review application disposed off; original documents to be returned.

20.02.2
Sr. No.

025
26
RANo.2/2025(RA Diary No.761/2024)

Classific
ation

No. of
Exh.

INTERLOCUTORY APPLICATION No.92/2025
IN
REVIEW APPLICATION NO.2/2025 (RA Diary No.761/2024)

State Bank of India
..Applicant
Versus
Gayabai Bajirao Shinde & another
..Respondent/s
Mrs. Archana Karadkhedkar - Advocate for the applicant.
None for the respondents.

1. The applicant bank has filed this Interlocutory Application
No.92/2025 for withdrawal of the Review Application
No.2/2025 (RA Diary No.761/2024) and the original
documents filed in Original Application No.83/2024 on record.
2. The learned counsel for the applicant submits that the applicant
bank had filed the Original Application No.83/2024 for the
recovery of its dues was allowed and accordingly the Recovery
Certificate No.185/2024 was also issued.

3. As
the
borrowers
have
deposited
total
amount
of
Rs.22,63,405/-, the account of the borrowers stands closed as
per the letter issued by the applicant bank dated 13.01.2025 to
its Advocate, which is at Annexure-A-1, the applicant bank
does not want to proceed further and as such requests for
withdrawal of the Review Application No.2/2025 (RA Diary
No.761/2024).
4. The applicant bank also requested to return of the original

documents and also refund of the court fees as per rules.
5. Heard the learned counsel for the applicant bank. There is no provision in the law for refund of the court fees under the Review Application or Revision Application.
6. In view of the above submissions made by the learned counsel for the applicant bank, I pass the following order. ORDER
A. The Interlocutory Application No.92/2025 is hereby partly allowed.
B. As the account of the borrower is closed, the Review Application No.2/2025 (RA Diary No.761/2024) stands disposed off as withdrawn.
C. The original documents, if any, filed be returned to the Authorised Officer of the applicant bank by putting the certified copies of the same on our record, as per rules.
D. Consign the file to the Record Room.
Sd/- (Dr. J.R. Chauhan) Presiding Officer Debts Recovery Tribunal, Aurangabad

documents and also refund of the court fees as per rules.

5. Heard the learned counsel for the applicant bank. There is no
provision in the law for refund of the court fees under the
Review Application or Revision Application.

6. In view of the above submissions made by the learned counsel
for the applicant bank, I pass the following order.
ORDER

A. The Interlocutory Application No.92/2025 is hereby
partly allowed.

B. As the account of the borrower is closed, the Review
Application No.2/2025 (RA Diary No.761/2024) stands
disposed off as withdrawn.

C. The original documents, if any, filed be returned to the
Authorised Officer of the applicant bank by putting the
certified copies of the same on our record, as per rules.

D. Consign the file to the Record Room.

Sd/-

(Dr. J.R. Chauhan)
Presiding Officer
Debts Recovery Tribunal, Aurangabad

State Bank of India v. Gayabai Bajirao Shinde

Case brief

What is this about?

What did the court decide?

State Bank of India v. Gayabai Bajirao Shinde

Case brief

What is this about?

What did the court decide?

What the court decided

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