Debts Recovery Tribunals and Appellate Tribunals
STATE BANK OF INDIA vs SAKIR HUSSAIN .L on 28 August 2017
1A-98976
LOK ADALATH
Held on 28<sup>th</sup> day of August 2017 in the Debts Recovery Tribunal-2, Ernakulam (Organised by the Kerala Legal Services Authority, Ernakulam)
OA No 419/2015
(on the file of Debts Recovery Tribunal-2, Ernakulam)
Applicant:- State Bank of India (e-State Bank of Travancore)
Chempakamangalam Branch
Kizhuvalam P.O, Trivandrum.
vs.
Defendant:- Sakir Hussain.L, S/o. Latheef Saiv, Fazil Manzil, Chempakamangalam, Kizhuvalam. P.O., Trivandrum.
Presety at:
Saheel Manzil, Santhi Nagar,
Sasthavattom P.O, Trivandrum.
OA claim amount : Rs.14,99,582/-
TERMS OF COMPROMISE
This case is referred for settlement by the Lok Adalat by both parties hereto under S.20(1)(i)(a) of the Legal Services Authority Act. On mutual discussion held before the Lok Adalat, the parties hereto have arrived at a settlement in the following terms:- Defendant has agreed to pay the sum of Rs 5,26,552/- (Rupees Five Lakhs Twenty six Thousand Five hundred and Fifty two only ) to the applicant bank and applicant bank has agreed to accept the same in full and final settlement of the debt due under the above OA with interest and costs as claimed therein subject to the following terms and conditions:- *[Handwritten signature]*
*[Handwritten signature]*
2. The defendant shall pay an amount of Rs 5,26,552/- (Rupees Five Lakhs Twenty six Thousand five hundred and Fifty two only ) to the applicant bank on or before 28.03.2018
3. In the event of failure to pay any one or more of the installments as stated above, the defendant(s) shall forfeit the benefits of this compromise and the defendant(s) agree(s) and consent(s) that the applicant bank is entitled to recover the entire amount as claimed in the above OA with interest and costs till recovery in full from the defendant(s) personally, jointly and severally and by sale of hypothecated/mortgaged properties shown in the OA schedule and from their other assets both movable and immovable, after adjusting the amount if any paid by the defendant(s) in the meantime. In the event of failure to pay any of the installments as stated above, the conditional attachment order, if any, passed by now shall be made absolute. Even in case of a single default of payment of installments as above, the defendant(s) shall have no objection for issuance of a Recovery Certificate for the entire amount claimed in the OA with interest and costs less such payments effected subsequent to the passing of this award, on filing of necessary application before the Tribunal intimating the instance of such default.
4. Both parties agree that the applicant shall be entitled to seek refund of court fee in accordance with the law now in force.
5. Both parties hereby admit and acknowledge that they have arrived at a settlement as above on their own accord, free will and volition and therefore pray to dispose of the above case upon passing a award in terms of this compromise.
Counsel for applicant bank
Counsel for defendant
conducted by Kerala State Legal Services Authority and award passed accordingly and the OA was disposed of by this Hon'ble Tribunal on 16.09.2017 recording the same. The defendant did not make any payment entitling the applicant to apply for issuance of the Recovery AWARD
The parties having compromised as above pursuant to mutual discussion held before the Lok Adalat on 08.08.2017 at Debts Recovery Tribunal-2, KSHB Building, Panampilly Nagar, Ernakulam, before the panel comprising of:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
(1) PRESIDING OFFICER
Sri P.L.Norbert (Rtd. District Judge)
(2) PANEL MEMBER
Mr.P.T.Girijan (Advocate Member)
this award is passed in terms of the above settlement. The terms of compromise recorded above shall be read and treated as part of this award. The above case is thus disposed of and the applicant is entitled to be refunded with the application fee in accordance with the law now in force.
Place: DRT-2, Ernakulam
Defendant
Counsel for applicant Bank
Counsel for defendant
Seal of the Authority
Sign
accordingly and the OA was disposed of on 16.09.2017 recording the same. The applicant is entitled to make any payment entitling the applicant to bunal on make any Recovery 16.09.2017
T.A 989 / 2016 [O.A:419/2015]
On receipt of the award copy from KELSA, this Tribunal had listed and taken this OA today for recording disposal of the OA in terms of the award passed on 28.08.2017. This case which was referred before the National Lok Adalath for settlement at the instance of both parties has been settled among parties to the OA pursuant to the terms of compromise entered into between them and an award has come to be passed on 28.08.2017. Accordingly, the OA stood disposed of on 28.08.2017. The Registry is hereby directed to refund Rs. 4250/- to the applicant bank being the refund amount to which the applicant is entitled under S.19(3A) of the RDBFI Act, 1993 r/w R.4(b) of the Debts Recovery Tribunal (Refund of Court Fee) Rules, 2013.