Debts Recovery Tribunals and Appellate Tribunals
BANK OF BARODA vs MS MEGNA SALES on 10 February 2023
**IN THE DEBTS RECOVERY TRIBUNAL-II AT AHMEDABAD
(Laxman Madnani, Presiding Officer)**
M.A.No.34 of 2022
Date of Filing : 18.08.2022
Date of Decision : 10.02.2023
**BANK OF BARODA**
.....APPLICANT
**VERSUS**
**M/S.MAGNA SALES & ORS**
.....RESPONDENTS
**Appearance:**
Mr.D.A.Malek, Ld. Proxy Counsel Mr.A.S.Panesar, Ld. Counsel for the Applicant.
None for the Respondents
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**ORDER**
1. 1. Today, this matter has come up for hearing on withdrawal affidavit so filed by the Applicants at Exh. A/08.
2. 2. Ld. Counsel for the Applicant has filed an affidavit at Ex.A/08 duly sworn by Shri Rohit Kumar, Manager of the Respondent Bank, submitting *inter alia* that the Applicant has filed the present execution petition against the Respondents. It is submitted that at the request of the Respondents, the Applicant has accepted and approved the compromise offer of the Respondents for a sum of Rs.1,60,000/- towards full and final settlement of dues.
3. 3. It is further submitted that the Applicant has already received the said amount and as such, Applicant does not have to recover any amount from the Respondent and therefore, seeks to withdraw the present Misc. Application.
4. 4. Matter called several times. None present for the Respondents.
5. 5. Considering the submission made by the Ld. Counsel for the Applicant that the Applicant has received the settled amount and Applicant Bank does not have to recover any amount from the Respondents and as such, Applicant wants to withdraw the present Misc. Application filed against the Respondents, I deem it proper to dismiss the present Misc. Application as withdrawn.
6. 6. Let the file be consigned to records.
(LAXMAN MADNANI) PRESIDING OFFICER DRT-II, AHMEDABAD