Debts Recovery Tribunals and Appellate Tribunals
UNION BANK OF INDIA vs M S AVTAR MOTORS on 9 June 2021
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PAGE NO.....**CONTD. ORDER-SHEET**CASE NO.....
<table border="1"> <thead> <tr> <th data-bbox="35 108 243 141">DATE</th> <th data-bbox="243 108 796 141">DESCRIPTION OF ORDER</th> <th data-bbox="796 108 993 141">REMARKS</th> </tr> </thead> <tbody> <tr> <td data-bbox="35 141 243 963"> <p>M.A. 17/2021<br/>Date: 09.06.2021.<br/>Sl. No..35.</p> </td> <td data-bbox="243 141 796 963"> <p>Sh. Arun Prakash Shukla Ld counsel for the Applicant Bank is present.</p> <p>This M.A. has been filed by the Applicant Bank for recalling the order dated 17.02.2021, passed in I.A. No. 279/2021 in O.A. No. 1120/2018. Vide order dated 17.02.2021 , the O.A. No. 1120/2018 had been withdrawn.</p> <p>Heard Ld counsel for the Applicant Bank and perused the record.</p> <p>Ld counsel for the Applicant Bank submitted that in withdrawal application, the Applicant Bank has wrongly typed that the Applicant Bank has received the full and final amount through compromise from the defendnats, while the Applicant Bank had regularize the account of defendants after receiving the overdue amount only. It is further submitted that the defendants have not deposited the entire outstanding amount, therefore, request is made that order dated 17.02.2021 passed in O.A. No. 1120/2018 may be recalled.</p> <p>Considered.</p> <p>It is mentioned in the order dated 17.02.2021 that account has been settled through compromise and entire amount of compromise had been deposited by the defendants, while only overdue amount was deposited by the defendnats and account has been regularized.</p> <p>Keeping in mind the above facts and circumstances of the case, the order dated 17.02.2021, passed in O.A. No. 1120 /2018 is hereby recalled.</p> <p>The M.A. No. 17/2021 is disposed of accordingly.</p> <p>The O.A. No. 1120/2018 is restored to its original status and number.</p> <p>Let copy of this order be placed in O.A. file.</p> <p>Let the O.A. be listed on 15.07.2021 for further proceeding.</p> <p style="text-align: right;">(R.M. Kushawaha )<br/>Presiding Officer</p> </td> <td data-bbox="796 141 993 963"></td> </tr> </tbody> </table>