On a Mortgage Settlement Application, the Debts Recovery Tribunal allowed the withdrawal of the main stay application noting an amicable settlement between the Applicant and the Respondent Bank. The Bank was directed to return the mortgaged Title Deed.
Withdrawal of main S.A. allowed; Respondent Bank directed to return mortgaged Title Deed within 15 days.
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.
Debts RecoveryTribunal-3,Kolkata Order Sheet (Continuation)
| CaseNo.SA/r.4 DateofOrder L |
7l2023 DinAliMondal BankofBaroda Orderwithsignature |
Ofti@actionwith |
|---|---|---|
| orderN0.03 Dt.06.05.2025 Sl.No.22 |
ForApplicant:Ld. CounselAhanaRakshit ForDefendant:Ld. CounselTumpaRoyon behalfofS Saha A/1a16/25istakenuPforhearing HeardLd.counselsforbothsides. Considered. |
|
| LdCounselsfor theApplicantandDefendant havefiledI A No 1816of2025prayingforwithdrawalof themainS A The applicationassupportedby Affidavit oftheapplicantMr'DinAli Mondal, DuringthependencyoftheSA.thematterhasbeen settledwith theRespondentBankandtheRespondentBankis notgoin9tocontanuewaththeinstantproceedingandhas issueda'NoDues Certificate'.Sincethisisanamicable settlementbetweenthepartiesandtheApplicant intendsto withdraw themains.A.,noprejudicewillbecausediftheI.Ais allowed.Accordingly,theinstantt.A. isallowedandstands disposedofaswithdrawnandsettledamicablyl.A1815of 2025 beingtheputuppetitionisalsodasposedof Respondent Bank is directedtoreturnthemortgagedTitleDeed totheSAApplicant,ifitisnotalreadydone,within15days from thedateof this order,asperrules. S.A.No.147of2023 alongwith all otherpendingLA.s,ifany, is disposedofaswithdrawn. File beconsignedtoRecord Roomafterobserving allformalities. |
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| (kamalDe) PresidingOfficer DRT-3,Kolkata |
Kamal Demla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
