Debts Recovery Tribunals and Appellate Tribunals
ICICI BANK LIMITED vs SABITA SARKAR AND ANR on 6 December 2021
Order Sheet
(Continuation)
Case No.TA/435/2014
ICICI Bank Limited Vs. Sabita Sarkar and Anr.
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Order
Order with signature Office action with date and dated Signature of parties when necessary
Order No. Dt.06.12.2021 Sl.No.17
som Present : For Applicant : Ms. A A Ariff, Ld. Counsel For Defendant : None.
Heard the Ld Counsel for the Applicant who has filed I.A. No. 3189 of 2021, which is put up application. Since the record is put up, the instant I.A. is disposed of. Applicant has moved I.A. No. 3190 of 2021 in T.A. No. 435 of 2014 in view of the fact that O.A. was filed seeking recovery of Rs. 16,64,854.80/-. During the pendency of the O.A. the defendant have paid Rs. 10,75,000/- as a settled amount and the Applicant Bank has realized and received the settled amount and issued the ‘No Due Certificate’ dated 30th October, 2021 and made prayer to dispose of the matter for non prosecution. Since this is an amicable settlement between the parties no prejudice will be caused to the O.A. defendants if their response is not invited on this I.A. There is no other impediment if prayer is so allowed. Accordingly, I.A. No. 3190 of 2021 is disposed of as withdrawn as settled amicably.
The Applicant is directed to return the original Title Deed to the O.A. defendants if it is not already returned within 15 days from the date of this order. So far refund of Court fee is concerned, he may approach before the Ld Registrar who will take appropriate decision in the matter. T.A. No. 435 of 2014 arising out of O.A. No. 52 of 2014 along with pending I.A., if any, are disposed of, dismissed as amicably settled.
File be consigned to Record Room.
(A.K.Chaturvedi) Presiding Officer DRT-3, Kolkata