The tribunal dismissed the appellant's appeal as infructuous because the underlying original application had been decided by the Debt Recovery Tribunal, rendering the interlocutory orders against which the appeal was filed without significance.
The appeal was dismissed as infructuous with no costs awarded.
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. 197 of 2018)
(Arising out of OA 303 of 2013 in DRT-1 Hyderabad )
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
22.12.2022
Abhishek Mawle
… Appellant
-Vs-
State Bank of India [SARB] & Ors.
… Respondents
None for the appellant. Mr. P. K. Mukherjee, learned counsel for the respondent.
THE APPELLATE TRIBUNAL :
None appears for the appellant. Mr. P.K.Mukherjee, ld. Counsel appears for the respondent.
Learned counsel for the respondent submits that instant appeal is filed against the impugned order dated 12.10.2018 passed in I.A. No. 2153 of 2018 and I.A. 1862 of 2018 arising out of O.A. No. 303 of 2013. Learned counsel further submits by furnishing copy of the judgement that O.A. No. 303 of 2013 (State Bank of India Vs. Abhishek Mawle) was allowed by the DRT. This appeal is preferred against the aforesaid interlocutory order dated 12.10.2018 passed in O.A. 303 of 2013. Learned counsel prays that when the O.A. was decided by the learned DRT and allowed the application, the interlocutory application against which instant appeal is preferred is infructuous, as such, appeal is also infructuous.
Having heard the learned counsel for the respondent and perusing records I find that O.A. 303 of 2013 has already been decided by the learned DRT. The interlocutory applications arising out of that O.A. is infructuous. Hence the appeal has lost its efficacy and is also infructuous. Accordingly, instant appeal is dismissed as infructuous. No costs.
(Anil Kumar Srivastava,J) Chairperson
Dated: 22 December, 2022 12/pkb
Abhishek Mawle
State Bank of India
Anil Kumar Srivastava
As recorded by the court registry
5 orders share this CNR
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