Appeal dismissed as withdrawn. Appellant sought direction to DRT to determine validity of bank mortgages in a long-pending S.A. Both parties agreed to a fresh hearing date.
Appeal dismissed as withdrawn. DRT directed to hear S.A. No.51/2021 on 09.05.2022.
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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Misc. Appeal No. 131/2021 Arising out of S.A. No. 51/2021 (DRT-I, Delhi)
Phoenix ARC Pvt. Ltd. Vs Indian Bank
22.04.2022 Hon’ble Mr. Justice Brijesh Sethi
Present: Mr. S. D. Dobhal, Ld. counsel for appellant
Mr. Rohit Kumar, proxy counsel for respondent
This matter has been taken up by me through Video Conferencing.
Learned counsel for the appellant submits that a short issue as to which of the bank’s mortgage is valid is involved in the matter and that he will withdraw this appeal provided the DRT is directed to decide the S.A., which is pending for a long time, at the earliest. He further submits that the next date before the DRT in the S.A. is 09.05.2022 and the DRT may be directed to decide the matter on that date.
Learned counsel appearing for the respondent bank has no objection to this suggestion of the learned counsel for the appellants. He submits that the respondent will co-operate with the DRT and argue the matter whenever DRT wants.
In view of above, the DRT is directed to hear the S.A. No.51/2021 on 09.05.2022, which is the next date fixed before it. If for any reasons like heavy board etc. the DRT is unable to hear the matter on 09.05.2022, it shall hear the same within two weeks from 09.05.2022 and decide at the earliest thereafter.
In view of the above order, the learned counsel for the appellant withdraws the appeal and the same is dismissed as withdrawn.
(CHAIRPERSON)
-pk
Phoenix ARC Pvt. Ltd.
Indian Bank
Brijesh Sethi
As recorded by the court registry
3 orders share this CNR
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