ICICI BANK LIMITED vs SANJAY BASU on 17 December 2021

ORDER SHEET

KOLKATA DEBTS RECOVERY TRIBUNAL NO.2

I.A./1390 of 2021 & I.A./1391 of 2021

in

Case No. T.A./ 507 of 2020

(arising out of O.A./1024 of 2018)

ICICI Bank Ltd.

Applicant Bank

Vs.

Sri Sanjay Basu & Anr.

Defendants

<table border="1"><thead><tr><th data-bbox="108 201 193 298">Date Of Order</th><th data-bbox="193 201 756 298">Order with Signature</th><th data-bbox="756 201 900 298">Office action with date and dated signature of parties when necessary</th></tr></thead></table>

Order No.09

17.12.2021

Present ::

Ms. Kasturi Dasgupta, Ld. Advocate on behalf of Mr. Avishek Guha, Ld. Counsel appears for the Applicant Bank.

None appears for the Defendants.

Applicant, ICICI Bank Ltd. has instituted the Original Application being O.A. No.1024 of 2018 on 21.12.2018 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.25,43,533.81 (Rupees twenty five lacs forty three thousand five hundred thirty three and paise eighty one) together with further interest, 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 30.12.2019 and the same has been renumbered as T.A./ 507 of 2020 vide Ld. Registrar's order dated 13.07.2020.

An I.A. being I.A./1390 of 2021 dated 09.12.2021 has been filed by Applicant Bank for putting up the case records for hearing.. Another petition being I.A./1391 of 2021 dated 09.12.2021 has been filed by Applicant Bank, *inter-alia*, praying for withdrawal of the T.A. No.507 of 2020, arising out of O.A./1024 of 2018 on the ground of settlement.

In the said petition (I.A./1391 of 2021) Applicant Bank has stated that during pendency of the T.A. / O.A. the matter has been amicably settled (out of court) under compromise between the Applicant Bank and defendants for a sum of **Rs.17,00,000/-** (Rupees seventeen lacs), and the Defendants have paid the entire settled amount of Rs.17.00 lacs towards full and final payment of Applicant Bank's dues; and the Applicant Bank does not have any further claim against the Defendants. Along with the I.A/1391 of 2021, a 'No Dues Certificate' dated 30.10.2021 issued by Authorized Signatory of Applicant Bank's 3A, Gurusaday Road Branch, Kolkata - 700019, confirming the full & final settlement against payment of Rs.17.00 lacs, and also enclosing a statement of Account showing 'Nil' balance in the Account, have been annexed.

Contd.....P/2

- 2 -

**T.A./507 of 2020**

17.12.2021

The withdrawal Application (I.A./1391 of 2021) is supported by an affidavit dated 09.12.2021 affirmed by Sri Amit Ghosh, Authorized Signatory of Applicant Bank's 3A, Gurusaday Road Branch, P.S.- Karaya, Kolkata – 700019, confirming the contents of the I.A.

Since the entire settlement amount has already been paid by the Defendants / borrower(s) to 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.

In view of the above, the present original Application being T.A./507 of 2020 (arising out of O.A./1024 of 2018 – DRT-3) is ordered to be withdrawn / closed, as settled.

The petition (I.A./1391 of 2021) dated 09.12.2021 & T.A./507 of 2020 (arising out of O.A./1024 of 2018) both stand disposed of.

The I.A./1390 of 2021 being the put application is disposed of accordingly.

Earlier the next date fixed on 03.03.2022 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, Ms. Kasturi Dasgupta. None appeared for the Defendants.

Order be uploaded in the Tribunal's Website.

Sd/-

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