Debts Recovery Tribunals and Appellate Tribunals

BANK OF INDIA vs M/S TECHNIQ COOLING SYSTEM PVT LTD on 21 December 2020

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IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI

(BEFORE HON’BLE PRESIDING OFFICER)

(THROUGH VIDEO CONFERENCE)

ORDER SHEET

Sr. No.2

Classifi

cation

No.

of

Exh.

INTERLOCUTORY APPLICATION No.631 of 2020

In

ORIGINAL APPLICATION

NO.1139 of 2016

Bank of India

… Applicant.

Versus

M/s. Techniq Cooling Systems Pvt.

Ltd. & Ors.

… Defendants.

Mr Raju Shinde – Advocate for the applicant.

None for defendants.

Shri Deepak M. Thakkar

Presiding Officer,

21st December, 2020.

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ORDER

1. The applicant filed Original Application for the recovery in the sum of Rs.1,51,70,106.47 and for enforcement of the securities.

2. During the pendency of the Original Application, the defendants approached the applicant for one time settlement of Rs.65 lakhs. It was approved by the applicant bank. The defendants have made the payment in the sum of Rs.65 lakhs as set out in paragraph no.2.

3. The applicant has received said sum of Rs.65 lakhs in full and final satisfaction of its claim. The applicant does not want to proceed in the Original Application and seeks permission to withdraw. The applicant also seeks refund of the court fees.

4. I am convinced that the matter has been amicably settled between the parties. Mr Chandra Pal Singh, Chief Manager have verified the facts and made statement in his affidavit that the matter has been settled amicably under the one time settlement scheme. It is further stated that the applicant be allowed to withdraw the Original Application unconditionally. The permission to withdraw is granted.

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

6. Interlocutory Application No.631 of 2020 is allowed with no order as to costs.

Sd/- (Deepak M. Thakkar)

D.R.T.No.2, Mumbai Srishti

IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI (BEFORE HON’BLE PRESIDING OFFICER) (THROUGH VIDEO CONFERENCE) ORDER SHEET

21.12.2020 Sr. No.2 OA No.1139 of 2016 classifi- cation No. of Exh.

Mr Raju Shinde – Advocate for the applicant. None for defendants.

1. The learned counsel for the applicant has filed in the Registry on 19th December 2020 service affidavit which is taken on record and marked as exhibit no.13

2. Order in I.A. No.631 of 2020 passed separately.

3. In view of order passed in I.A. No.631 of 2020, Original Application No.1139 of 2016 is disposed of as withdrawn with no order as to costs.

4. The Registrar is directed to refund the court fees as per the Rules.

Sd/-

D.R.T.No.2, Mumbai Ssrishti

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