Axis Bank v. Akhilesh Kumar
Case brief
What is this about?
Debts Recovery Tribunal allowed withdrawal of the Original Application by the bank after a full and final settlement was reached out-of-court between the parties, resulting in the account being closed.
What did the court decide?
Withdrawal of the Original Application allowed; prayer for refund of court fees declined; original application dismissed as withdrawn.
What the court decided
Debts Recovety Tribunal-Il, Delhi
oAl237l2O22 A)GS BANK VS AKHILESH KUMAR
29.04,2026
Item no.l1
Present: Sh. Shubham Kumar Dubey, Counselfor applicant bank
Defendants are ex-pafte dated L3.05.2024
Matter is taken through Video C-onferencing/Hybrid Mode.
IA no.96612026 has been filed by the applicantbank for withdrawal of thepresent OA.
The Ld. Counsel for the applicant banksubmitted that the present application is being preferred seeking an urgent hearing of the withdrawal application in view ofthe subsequent settlement arrived at between thepafties, rendering continuation of thepresent proceedings wholly unnecessryand infructuous. Subsequent to the filing of theOriginal Applicationand during the pendency of thepresentproceedings, the defendants approached the applicant bankfor anamicable resolution and full and final settlement of the outstandingdues. Pursuant to the said settlement, the defendantshave paid atotal sum of Rs.12,00,000/-(Rupees TwelveLakhs Only) to the complete satisfaction of the applicant bank,and accordingly, the loan account stands settled andclosed with no subsisting dues. In view of the aforesaid full andfinal settlement and closure of the loan account, no cause of actionsuruives in favour of the applicant bank, and thepresent OriginalApplicationhas consequently become infructuous.The applicantban( therefore, does not wish topress theOriginal Applicationand seeks permission of this Hon'ble Tribunal to withdrawthe same. Hence, the applicant bank wishes towithdrawthe presentOA.
Parties & counsel
- applicant
AGS BANK
- respondent
AKHILESH KUMAR
Coram
Sushil Kumar Rastogi
Case details
As recorded by the court registry
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