Debts Recovery Tribunals and Appellate Tribunals

CITY UNION BANK LIMITED vs M/S JANATA TIMBER AND SAW MILL on 3 January 2024

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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI

Dated this the 03rd day of January, 2024

Present: Shri Ganapathi K.R.K.

Presiding Officer

TRANSFERRED APPLICATION No.942 of 2023

(Originally filed before DRT- II, Chennai as OA No.161 of 2020 and thereafter transferred to this Tribunal and renumbered as TA No. 942 of 2023)

City Union Bank Limited

Rengarajapuram Branch

29/1, Vishwanathapuram Main Road

Rengarajapuram

Chennai – 600 024

…. Applicant

Vs

1.

M/s Janata Timber & Saw Mill

Rep. by its Proprietor

Mrs.Sajitha Rahim

Old No.129, New No.144

Lake View Road, West Mambalam

Chennai – 600 033

2.

M/s Everbest Lumber Pvt. Ltd

Old No.129, New No.144

Lake View Road, West Mambalam

Chennai – 600 033

3.

Mr.K.P.Abdul Rahim

S/o Usman Kutty

No.7, Dr.Radhakrishnan Nagar

2nd Cross Street

Thiruvanmiyur

Chennai – 600 041

4.

Mrs.Sajitha Rahim

W/o Mr.K.P.Abdul Rahim

No.7, Dr.Radhakrishnan Nagar

2nd Cross Street

Thiruvanmiyur

Chennai – 600 041

5.

Mr.O.Mohamed Rahil

S/o Mr.K.P.Abdul Rahim

No.7, Dr.Radhakrishnan Nagar

2nd Cross Street

Thiruvanmiyur

Chennai – 600 041

6.

Mr.O.Mohamed Suhail

S/o Mr.K.P.Abdul Rahim

No.7, Dr.Radhakrishnan Nagar

2nd Cross Street

Thiruvanmiyur

Chennai – 600 041

.... Defendants

Counsels on record / appeared:

Counsel for Applicant : M/s. S.Sethuraman

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ORDER

1. This OA is filed by the applicant bank for recovery of a sum of Rs.13,19,08,430/- together with future interest and costs.

2. A memo vide SR.No.12928/2023 is filed by applicant bank stating therein that during pendency of the above OA, defendants have approached applicant bank for settlement under OTS, which was accepted by applicant bank and accordingly, defendants have remitted a sum of Rs.7,85,00,000/- towards full and final settlement of the OA claim. Hence, applicant bank prayed that the OA claim may be treated as settled out of Court and also prayed for refund of court fee.

3. Copy of memo is sent to defendants by post (postal receipts enclosed)

4. Heard. Memo is taken on record. Allowed. In the result, this OA is disposed of as settled out of Court, however without costs. All other interlocutory applications, if any pending shall stand closed.

5. Applicant bank to file appropriate memo for refund of court fee as per extant guidelines.

6. With the above observations, TA stands disposed. (Dictated to Steno (DD), transcribed by her, corrected, signed and processed by me through e-drt on this the 03rd day of January, 2024) Sd/-

(GANAPATHI K.R.K)

PRESIDING OFFICER

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