Appeal against disposal of asset. Appellant sought withdrawal, contending that the bank recovered dues via asset sale. Court allowed withdrawal and dismissed appeal.
Appeal dismissed as withdrawn; pre-deposit refund dispatched to registry.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appeal No. 15 of 2021)
(Arising out of M.A. 76 of 2019 in O.A. 414 of 2019 in DRT-3, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
30.03.2022 Sanjay Kumar Agarwal … Appellant -Vs-
ICICI Bank Limited & Another … Respondents Mr. Jayabrata Basu Ray, Learned Counsel for Appellant
Mr. Avishek Guha with Ms. Kasturi Dasgupta Learned Counsel for Respondent Bank
None for Respondent No. 2
THE APPELLATE TRIBUNAL :
I.A. 32 of 2022
I.A. 32 of 2022 is a put up application filed by Applicant. Since the record is put up, the I.A. 32 of 2022 is disposed of.
I.A. 33 of 2022
Learned Counsel for the Appellant submits that he may be permitted to withdraw the appeal as the Respondent Bank has recovered the alleged dues by sale of the secured assets for a sum of Rs.38.00 lac and odd and nothing is due and payable.
Learned Counsel for Respondent Bank submits that the bank has recovered its dues and hence has no objection in withdrawal of the appeal.
2
In view of the submission made by the Learned Counsel for the parties, Appellant is permitted to withdraw the appeal.
Accordingly the appeal, being Appeal No. 15 of 2021, is dismissed as withdrawn.
I.A. 33 of 2022 stands disposed of. Other pending I.A.s, if any, stand dismissed; being infructuous.
Learned Counsel for the Appellant has further made a prayer for refund of a sum of Rs.6,66,621.00, which was deposited as pre- deposit in the appeal, along with accrued interest, if any.
Registry to do the needful as per Rules, so far as Refund of pre-deposit amount is concerned.
Sd/(Anil Kumar Srivastava,J) Chairperson
Dated: 30th March, 2022 01/ac
1 issue framed by the court
Whether the appeal should be allowed to be withdrawn after recovery of dues.
Sanjay Kumar Agarwal
ICICI Bank Limited
Anil Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
