Debts Recovery Tribunals and Appellate Tribunals
HDFC BANK vs M S SANDIP BIND ENTERPRISES PVT LTD AND ANR on 26 November 2021
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**ORDER SHEET**
**KOLKATA DEBTS RECOVERY TRIBUNAL NO.2**
**I.A./1299 of 2021 & I.A./1300 of 2021**
in
**Case No. T.A./ 196 of 2020**
(arising out of O.A./715 of 2018)
HDFC Bank Ltd.
Vs.
M/s Sandip Bind Enterprise Pvt. Ltd. & Anr.
Applicant Bank
Defendants
<table border="1"><thead><tr><th data-bbox="116 206 204 300">Date Of Order</th><th data-bbox="204 206 798 300">Order with Signature</th><th data-bbox="798 206 949 300">Office action with date and dated signature of parties when necessary</th></tr></thead><tbody><tr><td> </td><td> </td><td> </td></tr></tbody></table>
Order No.24
26.11.2021
Present ::
Ms. Mekhala Kanji, Ld. Counsel appears for the Applicant Bank.
None appears for the Defendants.
Applicant, HDFC Bank Ltd. has instituted the Original Application being O.A. No.715 of 2018 on 27.08.2018 on the file of DRT-3, Kolkata against two Defendants under Section 19 of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for recovery of Rs.90,80,847.53/- (Rupees ninety lacs eighty thousand eight hundred forty seven and paise fifty three) together with further interest @ 8.40% per annum, 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 30.10.2019 and the same has been renumbered as T.A./ 196 of 2020 vide Ld. Registrar's order dated 03.12.2019.
An I.A. being I.A./1299 of 2021 dated 11.11.2021 has been filed by Applicant Bank for putting up the case records for hearing.. Another petition being I.A./1300 of 2021 dated 11.11.2021 has been filed by Applicant Bank, *inter-alia*, praying for withdrawal of the T.A. No.196 of 2020, arising out of O.A./715 of 2018 on the ground of settlement, and also praying to refund of Court Fees.
During the pendency of the T.A. / O.A. the matter has been settled (out of court) through compromise between the Applicant Bank and defendants for a sum of **Rs.68,45,000/-** (Rupees sixty eight lacs forty five thousand), and the Defendants / borrower(s) have paid the entire settled amount towards full and final payment of Applicant Bank's dues. Along with the I.A/1300 of 2021, a 'No Dues Certificate' dated 24.09.2021 issued by Authorized Signatory of Applicant Bank's office at Gillanders House, 1<sup>st</sup> Floor, Netaji Subhas Road, Kolkata – 700001, confirming the full & final settlement against payment of Rs.68.45 lacs, has been annexed.
Contd.....P/2
- 2 -
**T.A./196 of 2020** **26.11.2021**
The withdrawal Application (I.A./1300 of 2021) is supported by an affidavit dated 10.11.2021 affirmed by Sri Santanu Maiti, Authorized Representative of Applicant Bank's office at Gillanders House, 1<sup>st</sup> Floor, Netaji Subhas Road, Kolkata – 700001, confirming the contents of the I.A.
Since the entire settlement amount has already been paid by the Defendants that has been realized by Applicant Bank, Applicant Bank does not want to proceed further in this matter and prays for disposing of the instant T.A. / O.A., as settled. Such prayer of Ld. Counsel for Applicant Bank is allowed.
So far the refund of Court fees is concerned, the same is allowed. Applicant Bank is directed to file appropriate application / I.A. before the Ld. Registrar / Registrar-in-Charge of the Tribunal for refund of Court / Application Fee as per Rules. Ld. Registrar / Registrar-in-Charge is directed to take necessary steps on the Application / I.A.
In view of the above, the present original Application being T.A./196 of 2020 (arising out of O.A./715 of 2018 – DRT-3) is ordered to be withdrawn / closed, as settled.
The petition (I.A./1300 of 2021) dated 11.11.2021 & T.A./196 of 2020 (arising out of O.A./715 of 2018) both stand disposed of.
The I.A./1299 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, Ms. Mekhala Kanji. None appeared for the Defendants.
Order be uploaded in the Tribunal's Website.
Sd/-
(M.S. Rao) Presiding Officer DRT-2, Kolkata