Appeal against an interlocutory order was dismissed as infructuous since the main original application had already been decided and allowed by the Debts Recovery Tribunal, rendering the interim order ineffective.
Instant appeal dismissed as infructuous. No costs.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appeal No. 201 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
Abhijeet 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 01.11.2018 passed in I.A. No. 2154 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. Abhijeet Mawle) was allowed by the DRT. This appeal is preferred against the aforesaid interlocutory order dated 01.11.2018 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
Abhijeet Mawle
State Bank of India
Anil Kumar Srivastava
As recorded by the court registry
5 orders share this CNR
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