UNION BANK OF INDIA vs MD WASIM AHAMAD on 7 January 2022

ORDER SHEET

KOLKATA DEBTS RECOVERY TRIBUNAL NO.2

I.A.1484 of 2021 & I.A./1485 of 2021

in

Case No. T.A./ 616 of 2020

(arising out of O.A./927 of 2018)

Union Bank of India

Vs.

Md. WashimAhamed

Applicant Bank

Defendant

<table border="1"><thead><tr><th data-bbox="68 221 158 321">Date Of Order</th><th data-bbox="158 221 771 321">Order with Signature</th><th data-bbox="771 221 926 321">Office action with date and dated signature of parties when necessary</th></tr></thead></table>

Order No.09

07.01.2022

Present :

Mr. P.K. Mukherjee, Ld. Counsel appears for the Applicant Bank.

None appeared for the Defendant.

Applicant, Union Bank of India has instituted the Original Application being O.A. No.927 of 2018 on 09.11.2018 on the file of DRT-3, Kolkata against sole Defendant under Section 19 of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for recovery of Rs.13,58,563.31P (Rupees thirteen lac fifty eight thousand five hundred sixty three and paise thirty one) together with further interest as may be applicable thereto as per terms of agreement, till realization and costs of the O.A. etc.; subsequently, the instant case has been transferred to DRT-2, Kolkata vide the Hon'ble Chairperson DRAT, Kolkata's direction vide letter No. 4/6/DRAT/KOL/2018(pt.) dated 16.09.2019, such has been recorded in Ld. Registrar, Kolkata DRT-3's Order dated 13.11.2019 and the same has been renumbered as T.A./ 616 of 2020 vide Ld. Registrar's order dated 09.12.2020.

An I.A. being I.A./1484 of 2021 dated 30.12.2021 has been filed by Applicant Bank for putting up the case records for hearing. Another petition being I.A./1485 of 2021 dated 30.12.2021 has been filed by Applicant Bank, *inter-alia*, praying for withdrawal of the T.A. No.616 of 2020 on the ground of settlement.

During the pendency of the T.A. / O.A. the matter has been settled (out of court) through between the Applicant Bank and defendant for a sum of **Rs.5,66,853.00** (Rupees five lacs sixty six thousand eight hundred fifty three), and the Defendant has paid the entire settled amount towards full and final satisfaction of Applicant Bank's claim. Alongwith the I.A/1485 of 2021, a 'No Dues Certificate' dated 27.12.2021 issued by Branch Manager of Applicant Bank's Rajarhat Branch Kolkata - 700135, confirming the full & final settlement against payment of Rs.5,66,853.00 have been annexed.

Contd.....P/2

- 2 -

T.A./616 of 2020

07.01.2022

The withdrawal Application (I.A./1485 of 2021) is supported by an affidavit dated 28.12.2021 affirmed by Ms. Preeti Sardar, Branch Manager of Applicant Bank's Rajarhat Branch, Rajarhat Main Road, Reckjoani More, Kolkata 700135, confirming the contents of the I.A.

Since the entire settlement amount has already been paid by the Defendant to the Bank, Applicant Bank is no longer interested to proceed further in this matter and prays to withdraw the instant T.A. / O.A., as settled. Such prayer of Ld. Counsel for Applicant Bank is allowed.

The Applicant bank further prays for refund of application fee, such prayer is allowed and the registry is directed to comply the same as per rules.

In view of the above, the present original Application being T.A./616 of 2020 (arising out of O.A./927 of 2018 – DRT-3) is ordered to be withdrawn / closed, as settled.

The petition (I.A./1485 of 2021) &T.A./616 of 2020 (arising out of O.A./927 of 2018) both stand disposed of.

The I.A./1484 of 2021 being the put application is disposed of accordingly.

The earlier date fixed on 23.03.2022 stands cancelled.

File be consigned to record room.

This order is passed by virtual hearing through video conference in the presence of Ld. Counsel for the Applicant Bank, Mr. P.K. Mukherjee. None appeared for the Defendant.

Order be uploaded in the Tribunal's Website.

Sd/- (M.S. Rao) Presiding Officer DRT-2, Kolkata