Debts Recovery Tribunals and Appellate Tribunals

AXIS BANK vs Pooja Trehan on 21 September 2021

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**Debts Recovery Tribunal-III, Delhi**

**MA/125/2021**

**IN**

**OA/44/2013**

**AXIS BANK Vs POOJA TREHAN**

21.09.2021

Item No. 10

Present: Mr. Aniket Tomar, Ld. Counsel for applicant bank.

This matter is taken up by this Tribunal through Video Conferencing at DRT, Allahabad.

2. In the present matter, one MA bearing no. 125/2021 has been filed on behalf of applicant bank praying therein to allow the present application and pass an order for release of the original documents and the court fees be returned to the applicant bank.

3. Record reveals that one affidavit of Sh. Abhinav Pandey, Assistant Manager of applicant has also been filed praying therein to dispose off the OA as being satisfied.

4. It is stated in the MA that during the pendency of this OA, the matter was settled and is put up for withdrawal. It is further stated that the applicant has received Rs. 15,00,000/- towards full and final payment from the defendants, hence, as such applicant bank does not have any claim against the defendants. Now request is made on behalf of applicant bank that applicant bank may be permitted to withdraw the OA and orders may be passed for release of original documents as well as for refund of court fees.

5. Since applicant bank has received the entire settlement amount from the defendants and now nothing remains due qua the defendants, hence, prayer of Ld. counsel for applicant bank is hereby allowed and applicant bank is permitted to withdraw the OA. Now this OA is hereby dismissed as withdrawn as settled.

6. So far as, prayer for release of original documents is concerned, this prayer is also allowed and Registry is directed to release the same to the authorized officer of applicant bank within 15-days from today, after keeping certified copies of same on record.

7. So far as, prayer with regard to refund of court fees is concerned, same is hereby declined.

8. with the above said directions, and MA No. 125/2021 stands disposed off accordingly.

Registry of DRT, Allahabad is directed to send the scanned copy of this order to DRT-III, Delhi for uploading the same on website of DRT-III, Delhi.

(R. M. Kushawaha) Presiding Officer, DRT, Allahabad Addl. Charge, DRT-III, Delhi

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