Debts Recovery Tribunals and Appellate Tribunals

Indian Bank Erstwhile ALLAHABAD BANK vs Bijal Biswas And Anr on 8 January 2021

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DEBTS RECOVERY TRIBUNAL - SILIGURI

ORDER SHEET

(Continuation)

Case No. \_\_\_\_\_

Vs

IA/403 & 404/2020 in TOA/453/2017

<table border="1"><thead><tr><th data-bbox="161 156 224 228">Date of Order</th><th data-bbox="224 156 706 228">Order with Signature</th><th data-bbox="706 156 842 228">Office action with date and dated Signature of parties when necessary</th></tr></thead><tbody><tr><td data-bbox="161 228 224 934">08.01.2021</td><td data-bbox="224 228 706 934"><p style="text-align: center;"><b>Allahabad Bank</b><br/><b>Vs</b><br/><b>Bijal Biswas &amp; Anr</b></p><p>The matter has been conducted through Virtual Court/online.</p><p>Mr. D. Chakraborty, Ld. Advocate along with Mr. A. Mukopadhaya, Manager (Law) appears for the applicant bank.</p><p>None appears for the defendants.</p><p>Ld. Counsel for applicant bank files an IA/403/2020 for substitution of Indian Bank in place of Allahabad Bank.</p><p>The Ld. Counsel for the Applicant bank submits that as per Gazette Notification No. 133 GSR No. (156/E) dated 04.03.2020, the Allahabad Bank is merged with Indian Bank and the Allahabad Bank is now known as Indian Bank. He further prays to replace/substitute the name of Allahabad Bank with Indian Bank as the applicant bank in the cause title of the plaint.</p><p>Heard the Ld. Counsel for the applicant bank. IA/403/2020 filed by the applicant bank is allowed.</p><p>The applicant bank files another IA/404/2020 with the submission that the matter has already been settled between the parties through compromise settlement process and the defendant has paid the entire compromise amount to the bank with no dues. Applicant bank has issued 'No Due Certificate' and also praying for withdrawal of the matter as settled.</p><p>In the above circumstances, nothing remains to be adjudicated. The IA/404/2020 is allowed and the TOA/453/2017 is disposed of as withdrawn.</p><p>Applicant Bank is directed to file proper petition under rule 5(1) of DRT (Refund of Court Fee) Rules, 2013 for refund of Court Fees from this Tribunal.</p><p>Copy of this order be given to both the parties.</p><p>File be consigned to the Record Room.</p><div style="text-align: right;"><br/>(D. S. Mahra)<br/>Presiding Officer<br/>DRT, Siliguri</div></td><td data-bbox="706 228 842 934"></td></tr></tbody></table>

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