Debts Recovery Tribunals and Appellate Tribunals

Asset Care and Reconstruction Enterprises Ltd vs Jai Bajrang Ginning and Pressing Pvt Ltd on 4 June 2024

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IN THE DEBTS RECOVERY TRIBUNAL,AURANGABAD

(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)

ORDER SHEET

[SBJ]

(MA No. 38/2024) Page 1 of 2

04.06.2024

Sr. No.42 MA No.38/2024

Classifi

cation

No. of

Exh.

MISCELLANEOUS APPLICATION No.38/2024

Asset Care & Reconstruction Enterprise

Ltd.

..Applicant

Versus

Jai Bajrang Ginning And Pressing Pvt Ltd & others.

..Respondents

Mr. Shantanu A. Deshpande - Advocate for the applicant None for the Respondents.

The matter is taken through Hybrid.

1. In this matter the applicant (Earlier Axis Bank Ltd.) had filed OA No.455/2017 against the respondents. Thereafter vide assignment agreement dated 27th March, 2017 the applicant ARC came to be assigned with loan facilities from the Axis Bank.

2. In the meanwhile, during pendency of the OA, respondents approached the applicant ARC and settled the matter under OTS and paid the OTS amount accordingly the applicant ARC issued No Dues Certificate to the respondents on 31st December, 2021.

3. The applicant filed Interlocutory Application No.844/2023

seeking amendment / substitution in the place of Axis Bank IN THE DEBTS RECOVERY TRIBUNAL,AURANGABAD

(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)

ORDER SHEET

[SBJ]

(MA No. 38/2024) Page 2 of 2

Pvt. Ltd. and also Interlocutory Application No.845/2023

filed for withdrawal of the Original Application No.455/2017

which was allowed on 04th July, 2023. The applicant approached the Registrar for refund of Court Fees but it was turned down for the reason of absence of specific order /

observation in the operative part.

4. Therefore the applicant has filed the present application for seeking appropriate orders / directions with respect of refund of Court Fees.

5. The applicant has made out the case for refund of court fees.

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

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ORDER

A. Miscellaneous Application No. 38/2024 is allowed.

B. The court fees be refunded as per rules and as per the orders passed by the Hon’ble Bombay High Court. C. Consign the file to the Record Room.

(Vimal Gupta)

Presiding Officer

Debts Recovery Tribunal, Aurangabad

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