STATE BANK OF INDIA vs MS PAPIYA MOSTAFA on 17 November 2021

11/18/21, 1:50 PM~ (2184x3160)

ORDER SHEET KOLKATA DEBTS RECOVERY TRIBUNAL NO.2 I.A./1265 of 2021 & I.A./1266 of 2021 in Case No. T.A./ 42 of 2020 (arising out of O.A./483 of 2018)

State Bank of India Vs. Ms. Papiya Mostafa

Applicant Bank

Defendant

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Order No.09 17.11.2021

Present ::

Ms. Subhasree Dey, Ld. Advocate on behalf of Mr. Anirban Pramanick,, 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.483 of 2018 on 12.06.2018 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.24,47,051.00 (Rupees twenty four lacs forty seven thousand fifty one) together with further interest as per applicable rate, 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 24.10.2019 and the same has been renumbered as T.A./ 42 of 2020 vide Ld. Registrar's order dated 04.11.2019.

A put-up petition being I.A./1265 of 2021 dated 09.11.2021 has been filed by the applicant Bank for putting up the case record for hearing. Another petition being I.A./1266 of 2021 dated 09.11.2021 has been filed by Applicant Bank, *inter-alia*, praying for withdrawal of the T.A. No.42 of 2020, arising out of O.A./483 of 2018 on the ground of settlement.

During the pendency of the T.A. / O.A. the matter has been 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 the entire settled amount towards full and final payment of Applicant Bank's dues. Along with the I.A./1266 of 2021, a 'No Dues Certificate' dated 02.07.2019 issued by Asstt. General Manager of Applicant Bank's Stressed Asset Recovery Branch, 'Kankaria Centre,, 2/1, Russel Street, Kolkata - 700071, confirming the full & final settlement against payment of Rs.8.00 lacs, has been annexed.

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T.A./42 of 2020 17.11.2021

The withdrawal Application (I.A./1266 of 2021) is supported by an affidavit dated 08.11.2021 affirmed by Sri Satyajit Chowdhury, Chief Manager of Applicant Bank's SARB, 2/1, Russel Street, Kolkata - 700071, confirming the contents of the I.A.

Since the entire settlement amount has already been paid by the Defendant that has been realized by the Bank, Applicant Bank is no longer interested to pursue the instant application and prays for disposing of 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./42 of 2020 (arising out of O.A./483 of 2018 – DRT-3) is ordered to be withdrawn / closed, as settled.

The petition (I.A./1266 of 2021) dated 09.11.2021 & T.A./42 of 2020 (arising out of O.A./483 of 2018) both stand disposed of.

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. Subhasree Dey. None appeared for the Defendant.

Order be uploaded in the Tribunal's Website.

Sd/-

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

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