BANK OF BARODA vs SABIRUDDIN GAZI on 7 January 2022

**ORDER SHEET** **KOLKATA DEBTS RECOVERY TRIBUNAL NO.2** **I.A. No.09 of 2022 & I.A. No. 10 of 2022** in **Case No. T.A./ 605 of 2020** (arising out of O.A./472 of 2018)

Bank of Baroda Vs. Md. Sabiruddin Gazi

Applicant Bank

Defendant

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Order No.09 07.01.2022

Present :

Ms. Papiya Dutta, Ld. Counsel appears for the Applicant Bank.

None appeared for the Defendant.

Applicant, Bank of Baroda has instituted the Original Application being O.A. No.472 of 2018 on 07.01.2018 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.15,33,146.66 (Rupees fifteen lacs thirty three thousand one hundred forty six and paise sixty six) 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 24.10.2019 and the same has been renumbered as T.A./ 605 of 2020 vide Ld. Registrar's order dated 26.11.2020.

An I.A. being I.A. No. 09 of 2022 dated 05.01.2022 has been filed by Applicant Bank for putting up the case records for hearing. Another petition being I.A. No. 10 of 2022 dated 05.01.2022 has been filed by Applicant Bank, *inter-alia*, praying for withdrawal of the T.A. No.605 of 2020 on the ground of settlement.

During the pendency of the T.A. / O.A. the matter has been settled (out of court) between the Applicant Bank and defendant for a sum of **Rs.3,30,000/-** (Rupees three lacs thirty thousand), and the Defendant has paid the entire settled amount towards full and final satisfaction of Applicant Bank's claim. Alongwith the I.A/ 10 of 2022 a 'No Dues Certificate' dated 23.11.2021 issued by Chief Manager of Applicant Bank's Stressed Asset Recovery Branch Kolkata - 700001, confirming the full & final settlement against payment of Rs.3,30,000/- have been annexed.

Contd.....P/2

- 2 -

T.A./605 of 2020

07.01.2022

The withdrawal Application (I.A./10 of 2022) is supported by an affidavit dated 23.11.2021 affirmed by Sri Prem Kumar, Chief Manager of Applicant Bank's SARB Branch No. 4, Brabourne Road, Kolkata 700001 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.

In view of the above, the present original Application being T.A./605 of 2020 (arising out of O.A./472 of 2018 – DRT-3) is ordered to be withdrawn / closed, as settled.

The petition (I.A. No. 10 of 2022) & T.A./605 of 2020 (arising out of O.A./472 of 2018) both stand disposed of.

The I.A./09 of 2022 being the put application is disposed of accordingly.

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, Ms. Papiya Dutta. None appeared for the Defendant.

Order be uploaded in the Tribunal's Website.

Sd/-

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