Debts Recovery Tribunals and Appellate Tribunals

ORIENTAL BANK OF COMMERCE vs Messrs B.N. Dhar & Sons on 8 March 2019

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KOLKATA DEBTS RECOVERY TRIBUNAL NO. 2

ORDER SHEET

(Continuation)

Case No. TA/28/2002

Vs

<table border="1" style="width: 100%; border-collapse: collapse;"> <thead> <tr> <th style="width: 10%; text-align: center;">Date of Order</th> <th style="width: 70%; text-align: center;">Order with Signature</th> <th style="width: 20%; text-align: center;">Office action with date and dated Signature of parties when necessary</th> </tr> </thead> <tbody> <tr> <td></td> <td> <p><b>TA/28/2002 Oriental Bank of Commerce Vs M/s B.N. Dhar &amp; Sons &amp; others</b></p> <p><b>Date : 08.03.2019</b></p> <p>Present :</p> <p>Shri R.K. Ghosh, Learned Counsel and Md. Nasiruddin, Learned Counsel for Applicant Bank</p> <p>Shri P.K. Mukherjee, Learned Counsel for Defendants(Filed Vakalatnama)</p> <p>Joint petition being IA No. 173/2019 has been filed by the Applicant Bank and the Defendants, seeking withdrawal of the present TA being No. 28/2002 and return of original documents, taken up for hearing</p> <p>Applicant bank has filed an Application under Section 19 of the RDDBFi Act numbered as TA/28/2002 praying for issuance of Recovery Certificate of Rs. 46,37,377=90 as on 31.12.1993 and further interest till realization and costs of the OA etc.</p> <p>In the put up petition, the Applicant Bank has stated that during pendency of the TA, the matter has been amicably settled between the Applicant Bank and Defendants in terms of One Time Settlement (O.T.S.) for a sum of Rs. 33,00,000=00 (Rupees thirty three lakhs ) and the Applicant Bank has received the settled amount towards full and final settlement of their dues. The joint petition is supported by an affidavit dated 07.03.2019 affirmed by Shri S. Bharati, authorized officer of Oriental Bank of Commerce and Ms Rumi Dhar, authorized representative of the Defendants, confirming the contents of the joint petition.</p> <p>As the Applicant Bank has received the full and final settled amount, Bank's full satisfaction towards their dues is recorded.</p> <p>In the above circumstances, the present TA being No. 28/2002 is ordered to be withdrawn and stands disposed of.</p> <div style="text-align: right; margin-top: 20px;"> </div> </td> <td></td> </tr> </tbody> </table>

KOLKATA DEBTS RECOVERY TRIBUNAL NO. 2

ORDER SHEET

(Continuation)

Case No. TA/28/2002

Vs

<table border="1"> <thead> <tr> <th data-bbox="105 220 175 280">Date of Order</th> <th data-bbox="175 220 755 280">Order with Signature</th> <th data-bbox="755 220 885 280">Office action with date and dated Signature of parties when necessary</th> </tr> </thead> <tbody> <tr> <td data-bbox="105 280 175 915">06/03/2019</td> <td data-bbox="175 280 755 915"> <p>Learned Counsel for Applicant Bank prays for refund of court fee.</p> <p>No prayer has been made in the joint petition for refund of court fee. The Applicant Bank is at liberty to file proper petition for refund of court before the Learned Registrar.</p> <p>As regards return of original documents as prayed in the joint petition, Learned Registrar is directed to verify the documents and thereafter shall return the documents to authorized representative/Learned Counsel for Applicant against proper acknowledgement.</p> <p>The IA being No.173/2019 stands disposed of.</p> <p>Copy of the order be given to the parties.</p> <p>File be consigned to Record Room.</p> </td> <td data-bbox="755 280 885 915"> <p>(M.S. Rao)</p> <p>Presiding Officer</p> <p>Kolkata DRT No. 2</p> <p>8-03-2019</p> </td> </tr> </tbody> </table>

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