Debts Recovery Tribunals and Appellate Tribunals
PUNJAB NATIONAL BANK vs M/s V Biz IT India Pvt Ltd on 5 December 2019
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**Debts Recovery Tribunal-III, Delhi M.A. no.190 of 2019 (in O.A. no.113 of 2014) PSB VS. V. BIZ IT INDIA PVT. LTD.**
05.12.2019
Item no.
Present: Sh. Shikhar Mittal, counsel for the applicant bank.
The present application has been filed on behalf of the applicant bank seeking necessary rectification of typographical errors occurred in the final order and recovery certificate dated 28.03.2019.
2. It has been submitted by the applicant bank that an exparte final order and recovery certificate was passed by this Tribunal on 28.03.2019 in the instant matter. Thereafter, the recovery proceedings, in the instant matter, commenced as R.C. No.283/2019. It has been submitted by the applicant bank that during furtherance of the recovery proceedings, it emerged that the aforesaid final order and recovery certificate dated 28.03.2019 contained typographical errors. Therefore, it has been prayed to rectify the said description and the same may be corrected in the said final order as well as recovery certificate.
3. Heard and the record has been perused thoroughly. Apparently, the original application was filed by the applicant bank for the recovery of a sum of Rs.46,86,76,251/- alongwith costs, pendentelite and future interest @ 18.25% p.a. from the date of filling of the O.A. till the date of realization and after hearing the parties the original application was allowed and the defendants were held liable to pay jointly or severally, within 30 days, a sum of Rs.46,86,76,251/- (less the amount received during the pendency of the O.A.) together with costs and future interest from the date of filling of this O.A. till the date of realization. However, inadvertently the typographical error occurred in the final order as well as in the RC No.283/2019 and the same may be corrected, by exercising the powers under Sections 151, 152 & 153 of CPC read with Section 19(25) of RDDBFI Act. Therefore, the present application is allowed and the necessary corrections with the red pen are made in the final order and the revised recovery certificate be issued accordingly. The copy of this order as well corrected copies of Final Order and the revised Recovery Certificate be sent to Ld. Recovery Officer of this Tribunal.
4. With the above observations, the present application stands disposed of.
File be consigned to records.
Sd-
(DHARMINDER SINGH) PRESIDING OFFICER, DRT-III, DELHI
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