Debts Recovery Tribunals and Appellate Tribunals
INDIAN OVERSEAS BANK vs ISHAK PATEL on 17 February 2021
IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI
(BEFORE HON’BLE PRESIDING OFFICER)
(THROUGH VIDEO CONFERENCE)
ORDER SHEET
Sr. No.24
Classifi
cation
No.
of
Exh.
INTERLOCUTORY APPLICATION No.283 of 2021
In
ORIGINAL APPLICATION
No.1437 of 2021
Indian Overseas Bank
… Applicant.
Versus
Mr. Ishak patel
… Defendant.
Mr Rajdutt Kakde i/b M/s. Shukla & Shukla – Advocates for the applicant.
None for defendant.
Shri Deepak M. Thakkar
17th February, 2021.
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ORDER
1. It is the applicant’s application seeking permission of this Tribunal to withdraw the Original Application on the ground that the sum of ₹81,90,000/- has been recovered along with interest by disposing of the mortgaged securities under the SARFAESI Act.
2. The learned counsel for the applicant would submit that upon recovery the entire amount, there is no cause of action to be adjudicated in the Original Application.
3. The permission to withdraw the Original Application is granted.
4. Application is allowed with no order as to costs.
Sd/- (Deepak M. Thakkar)
D.R.T.No.2, Mumbai Sagar
IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI (BEFORE HON’BLE PRESIDING OFFICER) ORDER SHEET
17.02.2021 Sr. No.24 OA No.1437 of 2016 classifi- cation No. of Exh.
41 Mr Rajdutt Kakde i/b M/s. Shukla & Shukla – Advocates for the applicant. None for defendant.
1. The learned counsel for the applicant has filed in the Registry today affidavit in support of application (exhibit- 41), which is taken on record.
2. Order in Interlocutory Application No.283 of 2021 passed separately.
3. In view of the order passed in Interlocutory Application No.283 of 2021, Original Application No.1437 of 2016, stands disposed of with no order as to costs.
4. The Registrar is directed to refund the court fees as per Rules.
Sd/-
D.R.T.No.2, Mumbai Sagar