Debts Recovery Tribunals and Appellate Tribunals

M/s Canara Bank vs M/s Swastik Enterprises & ors on 28 October 2024

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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI

Dated the 28th day of October 2024

PRESENT: HON’BLE MR. JUSTICE G. CHANDRASEKHARAN

CHAIRPERSON

IA 1232/2018 (Delay)

In

AIR 537/2018

( arising out of OA 186/2012 on the file of DRT-II, Chennai)

Between

M/s Canara Bank

Guindy Branch, Rep. by its Chief Manager, Now, Asst. General Manager, No.75, Anna Salai, Guindy, Chennai 600 032.

…..Appellant

And

1. M/s Swastik Enterprises,

Rep. by its Proprietor, Mr. S. Samraj,

Flat No.47, 4th Floor, Rishikesh Apartments, No.75/38, G.N. Chetty Road, T. Nagar, Chennai 600 017.

2. Mr. S. Samraj, S/o Shyran Kumar,

No.19, Padmanabha Chetty Street,

T. Nagar, Chennai 600017.

Also at:

Flat No.1, Arunodhya Apartments,

No.204, Choolaimedu High Road,

Chennai 600 094.

3. Ms. V. Anu Radha,

D/o Mr. Varanasi Ram Babu,

No.19 (Old No.7), Padmanabha Chetty Street,

T. Nagar, Chennai 600 017. …..Respondents

Counsel for appellant Bank

: M/s R. Umasuthan & A. Hari

Counsel for Respondents 1 & 2 : None

R3 is given up.

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ORDER

When the matter is taken up for hearing, it is informed by Ld. Counsel for Petitioner/Appellant bank that this Appeal viz., AIR 537/2018 is filed seeking enhancement of interest awarded by DRT-II, Chennai, vide order dated 16.10.2017 in OA No.186/2012, however, with a delay of 300 days. When this delay application is pending, it is reported that the matter is settled with the borrower making payment.

Ld. Counsel for petitioner/appellant bank filed a Memo seeking to withdraw the Appeal “as not pressed” as matter is settled out of court. The said Memo is taken on record.

Considering the submission of the Ld. Counsel for petitioner/appellant and the Memo of withdrawal recording settlement, this application IA 1232/2018 (Delay) as well as Appeal AIR 537/2018 are dismissed as “not pressed”. Sd/-

(JUSTICE G. CHANDRASEKHARAN) CHAIRPERSON

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