Debts Recovery Tribunals and Appellate Tribunals
STATE BANK OF INDIA vs SRI ALAMGIR KAYAL on 8 October 2021
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ORDER SHEET
KOLKATA DEBTS RECOVERY TRIBUNAL NO.2
I.A./1141 of 2021 & I.A./1142 of 2021
in
Case No. T.A./ 241 of 2020
(arising out of O.A./547 of 2018)
State Bank of India
Vs.
Sri Alamgir Kayal
Applicant Bank
Defendant
<table border="1"><thead><tr><th data-bbox="111 207 198 302">Date<br/>Of<br/>Order</th><th data-bbox="201 207 798 302">Order with<br/>Signature</th><th data-bbox="801 207 940 302">Office action<br/>with date and<br/>dated signature<br/>of parties when<br/>necessary</th></tr></thead></table>
Order No.07
08.10.2021
Present ::
Sri Biswanath Das, Ld. Counsel appears for the Applicant Bank.
None appears for the Defendant.
Applicant, State Bank of India has instituted the Original Application being O.A. No.547 of 2018 on 03.07.2018 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.21,55,032.74 (Rupees twenty one lacs fifty five thousand thirty two and paise seventy four) together with further interest @ 11.90% per annum with quarterly rests, till realization and costs of the O.A.; 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 26.10.2019 and the same has been renumbered as T.A./ 241 of 2020 vide Ld. Registrar's order dated 26.11.2019.
An I.A. being I.A./1141 of 2021 dated 05.10.2021 has been filed by Applicant Bank for putting up the case records for hearing. Another petition being I.A./1142 of 2021 dated 05.10.2021 has been filed by Applicant Bank, *inter-alia*, praying for withdrawal of the T.A. No.241 of 2020, arising out of O.A./547 of 2018 on the ground of settlement.
During the pendency of the T.A. / O.A. the matter has been amicably settled (out of court) through compromise between the Applicant Bank and defendant for a sum of **Rs.8,00,000/-** (Rupees eight lacs), and the Defendant has paid / deposited the entire settled amount of Rs.8.00 lacs and delayed period interest of **Rs.1859/-** as per terms of settlement, towards full and final satisfaction of Applicant Bank's dues, and written off from the Applicant's Books of Account in full and final settlement. Along with the I.A/1142 of 2021, a 'No Dues Certificate' dated 02.03.2020 issued by Asstt. General Manager of Applicant Bank's Stressed Asset Recovery Branch (SARB), 'Kankaria Centre', 2/1, Russel Street, Kolkata - 700071, confirming the full & final settlement against payment of Rs.8.00 lacs and delayed interest of Rs.1859/-, has been annexed.
Contd.....P/2
- 2 -
T.A./241 of 2020
08.10.2021
The withdrawal Applications (I.A./1142 of 2021) are supported by an affidavit dated 13.08.2021 affirmed by Sri Satyajit Chowdhury, Chief Manager of Applicant Bank's SARB, 'Kankaria Centre', 2/1, Russel Street, Kolkata - 700071, confirming the contents of the I.A.
Since the entire settlement amount along with delayed period interest has already been paid by the Defendant that has been received by the Bank; Applicant Bank does not want to proceed further in this matter and prays for withdrawal of the instant T.A. / O.A., as settled. Such prayer of Ld. Counsel for Applicant Bank is allowed.
Since this is an amicable settlement through compromise between the parties, no prejudice will be caused to the T.A. / O.A. If the defendant's response is not invited on this I.A./1142 of 2021, his reply is dispensed with accordingly.
In view of the above, the present original Application being T.A./241 of 2020 (arising out of O.A./547 of 2018 – DRT-3) is ordered to be withdrawn / closed, as settled.
The petition (I.A./1142 of 2021) dated 05.10.2021 & T.A./241 of 2020 (arising out of O.A./547 of 2018) both stand disposed of.
The I.A./1141 of 2021 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, Sri Biswanath Das. None appeared for the Defendant.
Order be uploaded in the Tribunal's Website.
Sd/-
(M.S. Rao) Presiding Officer DRT-2, Kolkata
tb