Debts Recovery Tribunal allowed an interim application for withdrawal of main Special Appeal afterRespondent Bank filed No Dues Certificate and parties settled amicably main SA disposed as withdrawn.
Interim application allowed Main Special Appeal disposed as withdrawn by consent No Dues Certificate issued parties settled amicably
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Debts Recovery Trabunal-3, Kolkata Order Sheet (Continuation)
Case No. SA/749/2()23
| CaseNo.SA/7 | 49/2()23 SubhranilSarkarvs.BankofMahara |
shtra |
|---|---|---|
| DateofOrder | Orderwithsignature | Si9natureof |
| OrderNo.07 Dt.28.03.2025 Sl.No.30 sh |
Prescnt: ForApplicant:None ForDefendant:Ld. CounselMr.S.Mondalfor Ld. CounselMr.R.K.Jha IN494A/2O24istaken upforhearing. HeardLd. counselfor therespondentbank. Considered. Noneappears fortheSAapplicant. |
|
| LdCounselfortheApplicantfiledI.A.No.4948of2024 prayingforwithdrawalofthemain S.A. Theapplicationis supportedbyAffidavatoftheapplicantMr.SubhranilSarkar. Duringthependencyof theS.A.the matterhas beensetfled wlththeRespondentBankandtheRespondentBankisnot goingtocontlnuewith the instantproceedingandhas issueda 'NoDues Certificate', Sincethisisanamicablesettlement betweentheparties andtheApplicant intendstowtthdrawthe main S.A.,noprejudicewillbecausedifthe I.A.isallowed without invitingresponsefromotherside.Accordingly,the instantI.A.isallowed and standsdisposedofbeingdismissed aswithdrawnassettled amicably. S.A, No.749of2023alongwitha[otherpendingI.A.s,if any.isdisposed ofaswithdrawn. FilebeconsignedtoRecord Roomafterobservingall formalities. |
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| (KamalDe) PresidingOfficer DRT-3, Kolkata |
2 issues framed by the court
Whether the impugned recovery proceedings should be withdrawn after amicable settlement.
Whether the withdrawal of the amendment application might cause prejudice to the bank.
Subhranil Sarkar
Bank of Maharashtra
Kamal De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
