The Debt Recovery Appellate Tribunal at Kolkata dismissed an appeal as infructuous. The court held that the underlying matter had already been decided by the High Court of Calcutta, rendering the present appeal without merit.
Appeal No. 184 of 2017 dismissed as infructuous. Pending I.A.s closed. Interim orders vacated.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appeal No. 184 of 2017)
(Arising out of OA. 104 of 2016 in DRT-III, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
06.07.2022 Dhanlaxmi Bank Ltd.
… Appellant -VsM/s Emerald Mineral Exim Limited & Others … Respondent Ms. Moumita Ghosh, Learned Counsel for the Appellant. Ms. Roshini Ghosh, Learned Counsel for Respondent Bank
THE APPELLATE TRIBUNAL :
The matter is taken up in the revised list.
This is an appeal against order was passed by the Learned DRT3, Kolkata in IA No.1095 of 2017 on 22/08/2017 whereby the direction was given to the appellant Bank to issue a FDR in the name of Registrar, DRT-3 Kolkata and to submit the same to the Registry within 7 days. It appears that prior to passing of this order another order was passed by the Learned DRT-3 on 20.09.2016 wherein the Bank was directed to withdraw a letter dated 2/2/2016 issue by the Bank to the Indian Bank Association. This order was challenged in an Appeal No.80 of 2016 before Appellate Tribunal, Kolkata and the Appeal was dismissed as there is not merit on 14/02/2018.
Feeling aggrieved by the judgment of Appellate Tribunal, the Appellant Bank preffered a C.O No.1019 of 2018 which was decided on 3/01/2022 at C.O. No.1019 of 2018 in IA No. CAN 01 of 2021, IA No. CAN 02 of 2021 by the Hon’ble High Court of Calcutta wherein order of the Learned DRT-3, Kolkata was set aside and opposite party No.6 was given opportunity to approach DRT-3 for refund of the money if
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deposited in terms of order dated 20/9/2016 along with accrued interest thereon.
Learned Counsel for the Respondent submits that thereafter an application was moved before Learned DRT in compliance of the order of the Hon’ble High Court which was dismissed by the Learned DRT-3, Kolkata against the order an Appeal Dairy No.280 of 2022 is filed before this Appellate Tribunal which is listed on 17/08/2022.
As far as the present appeal is concerned since the matter has already been decided by the Hon’ble High Court of Calcutta, hence this Appeal No. 184 of 2017 become infructuous. Learned counsel for the Appellant fairly concedes that this appeal has become infroucuous. Accordingly Appeal being Appeal No.184 of 2017 is dismissed as infructuous.
Pending I.A.s, if any, also stand closed.
Interim orders, if any, stand vacated.
Copy of the order be supplied to Appellant and the Respondent
and a copy be also forwarded to the concerned DRT.
File be consigned to Record room.
Order dictated, signed, dated and pronounced in open Court.
(Anil Kumar Srivastava,J) Chairperson
Dated: 06th July, 2022 08/Rc
Dhanlaxmi Bank Ltd.
M/s Emerald Mineral Exim Limited & Others
Anil Kumar Srivastava
As recorded by the court registry
4 orders share this CNR
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