Debts Recovery Tribunals and Appellate Tribunals

HDFC BANK vs HIRANANDANI PALACE GARDEN PVT LTD on 29 July 2020

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IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI

(BEFORE HON’BLE PRESIDING OFFCIER)

(THROUGH VIDEO CONFERENCE)

ORDER SHEET

Sr. No.901

Classifi

cation

No.

of

Exh.

INTERIM APPLICATION No.366 of 2020

In

ORIGINAL APPLICATION

NO.1370 of 2016

HDFC Bank Ltd.

… Applicant.

Versus

M/s. Hiranandani Palace Garden Pvt.

Ltd. & Ors.

… Defendants.

Mr. Pradeep Bakaru with Ms. Upasana Vasu i/b. M/s. Wadia Ghandy & Co. – Advocates for the Applicant.

Mr. Samrudhi Chothani i/b. M/s. Vashi & Vashi –

Advocates for the Defendant Nos.1 & 2.

Shri Deepak M. Thakkar

29th July, 2020.

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ORDER

1. The Interlocutory Application No.366 of 2020 along with affidavit is presented by the applicant stating that the matter has been amicably settled between it and defendant no.2.

2. It is the case of the applicant that the Original Application was filed for the recovery in the sum of Rs.3,82,64,603/- with interest @18% p.a. with

S.S. Dhawale Page 2 of 3

monthly rest. Pending the final hearing of the O.A., the matter has been amicably settled between the applicant and defendant no.2. The settlement amount in the sum of Rs.63,58,819.68 is received by the applicant. The applicant therefore seeks permission to withdraw the Original Application.

3. The applicant also seeks refund of the Court Fees as per the Debts Recovery Tribunal (Refund of Court Fee) Rules, 2013.

4. I am satisfied that the applicant and defendant no.2 have amicably settled the matter. The applicant has confirmed the receipt in the sum of Rs.63,58,819.68 in full and final settlement of its claim. The applicant is therefore permitted to withdraw the Original Application.

5. In view of the above, I pass following order:-

ORDER

I.A. No.366 of 2020 is allowed in terms of prayer clause 3(a) & 3(b) with cost made easy.

Sd/- (Deepak M. Thakkar)

D.R.T.No.2, Mumbai

S.S. Dhawale Page 3 of 3

classifi- cation No. of Exh.

Mr. Pradeep Bakaru with Ms. Upasana Vasu i/b. M/s. Wadia Ghandy & Co. – Advocates for the Applicant. Mr. Samrudhi Chothani i/b. M/s. Vashi & Vashi – Advocates for the Defendant Nos.1 & 2.

1. Order in I.A. No.366 of 2020 passed separately.

2. O.A. No.1370 of 2016 is disposed as withdrawn with no order as to costs.

3. The Registrar to refund the Court Fees as per the Rules (4) & (5) of the Debts Recovery Tribunal (Refund of Court Fee) Rules, 2013

Sd/-

D.R.T.No.2, Mumbai

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