Debts Recovery Tribunals and Appellate Tribunals

ICICI BANK LIMITED vs A S ANNAMALAI CHETTIAR AND COMPANY on 3 April 2024

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T.A. No. 1282 of 2023

03.04.2024

IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI

Dated this the 3rd day of April, 2024

Present: Shri Ganapathi K.R.K.

Presiding Officer

TRANSFERRED APPLICATION No. 1282 of 2023

(Originally filed before DRT- II, Chennai as OA 181/2022 and thereafter transferred to this Tribunal and renumbered as TA No 1282 of 2023)

M/s. ICICI Bank Ltd,

Rep by its Deputy Manager,

No.1, Cenotape Road,

Teynampet, Chennai-600 018.

….Applicant

-Vs-

1.

Mrs. Kavitha. M. W/o. Late Mr. Muthiah Annamalai, Proprietrix of M/s. A.S. Annamalai Chettiar & Company No.38, Meena Complex, Anderson Road, George Town, Chennai-600 001.

Also at:

23/49, Big Street, Chepauk

Chennai-600 005.

2.

Mrs. Meenakshi. M

D/o. Late Mr. Muthiah

Annamalai, 223/49, Big Street,

Chepauk, Chennai-600 005.

3.

Mrs. Aarthi. M. D/o. Late Mr. Muthiah,

Annamalai, 23/49, Big Street,

Chepauk, Chennai-600 005.

4.

Master. Annamalai M

(S/o. Late Mr. Muthiah Annamalai)

Rep by his Mother and natural Guardian

Mrs. Kavitha, 23/49, Big Street,

Chepauk, Chennai-600 005.

…..Defendants

Counsels on record / appeared:

Counsel for Applicant

:

M/s. Ramalingam & Associates

Counsel for Defendants

:

M/s. K.J. Pathasarthy

T.A. No. 1282 of 2023

03.04.2024

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ORDER

1. This OA is filed by the applicant bank for recovery of a sum of Rs.14,01,90,180.26p together with future interest and costs.

2. A memo 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, the defendants have remitted a sum of Rs.7,11,30,000/- on various dates and last date of payment being made on 16.06.2023 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 defendant through E-mail by applicant bank.

4. Perused. Memo is taken on record. Allowed. In the result, this OA is disposed of as settled out of Court, however without costs. Applicant bank to file appropriate application for refund of Court fee as per extant guidelines. All other interlocutory applications, if any, pending shall stand closed. Dictated to PS, transcribed by her, corrected, signed and pronounced by me in Open Court, on this the 03rd day of April, 2024)

Sd/- (GANAPATHI K.R.K) PRESIDING OFFICER

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