Debts Recovery Tribunals and Appellate Tribunals

ICICI BANK LIMITED vs RATAN KUMAR SEN AND ANR on 2 December 2021

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Order Sheet

(Continuation)

Case No. TA/417/2014

ICICI Bank Ltd.-vs- Ratan Kumar Sen & Anr.

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Order

Order with signature Office action with date and dated Signature of parties when necessary Order No.20 Dt. 02/12/2021 Item No.28 RC (The proceedings of the court are conducted through video conferencing from residential offices/residences. Also the Advocates and the Staff joined the proceedings through video conferencing from their residences/offices)

Present: For Applicant: Mr. N.C.Das, Ld Advocate. For Defendant: None.

Ld Counsel for the Applicant filed I.A No.3159 of 2021 is filed in view of the fact that O.A.No.22 of 2014 was filed by the ICICI Bank Ltd., seeking recovery of Rs.1,4,60,516/- and also for other reliefs before DRT-2. Subsequently the case has been transferred to DRT-3 and renumbered as T.A. No.417 of 2014. The Application is supported by affidavit of Sri Amit Ghosh, Manager of the Applicant Bank. During the pendency of the T.A/O.A. the defendants have paid Rs. 7,27,000/- Lac in terms of OTS and the Applicant Bank has realized and received the settled amount and issued the ‘No Due Certificate’ on 30/10/2021 which is annexed as Annexure-A and made prayer to withdrawal of the T.A./O.A No one is present for the T.A. defendants. Since this is an amicable settlement between the T.A. Applicant and the defendants no prejudice will be caused to the T.A. defendants if their response is not invited on this I.A. No. 3159 of 2021. Accordingly their reply is dispensed with. There is no other impediment if prayer is so allowed. Accordingly I.A. No. 3159 of 2021 is allowed and disposed of as withdrawn as settled amicably. The Applicant is directed to return the original Title Deed to the T.A. defendants if it is not already returned within 3 weeks from the date of this order.

So far refund of Court fee is concerned, the applicant may approach before the Ld Registrar who will take appropriate decision in the matter in accordance with rules and regulations. T.A. No. 417 of 2014 and I.A. No. 3159 of 2021 along with any other pending I.A if any are disposed of. File be consigned to record room.

(A.K.Chaturvedi) Presiding Officer DRT-3,Kolkata

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