The Debt Recovery Appellate Tribunal dismissed an appeal filed by borrowers after the Respondent Bank filed a No Due Certificate indicating full settlement of the compromised amount, treating the appeal as withdrawn.
Appeal dismissed as withdrawn; Bank at liberty to release documents; No Due Certificate kept on record.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appeal No. 278 of 2018)
(Arising out of S.A. 30 of 2014 in DRT-2, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
27.09.2022 Multiple Resorts Private Limited & Another … Appellants -VsAllahabad Bank … Respondent Mr. Soham Bandopadhyay with Mr. Aditya Charurvedi and Ms. Angana Dutta, Learned Counsel for the Appellants Mr. Debasish Chakrabarti with Ms. Sharmistha Pal, Learned Counsel for Respondent
THE APPELLATE TRIBUNAL :
Learned Counsel for the Appellant, places on record a ‘No Due Certificate’ dated 23rd February, 2021, issued by Indian Bank in favour of the Appellant, M/s Multiple Resorts Private Limited, indicating that compromised amount in full has been received by the Bank. Since the matter has been settled, Learned Counsel prays for withdrawal of the appeal.
In view of the above submission, Appeal No. 278 of 2018, is dismissed as withdrawn.
However, if there is no dues pending in this matter, Bank would be at liberty to release the required documents to the Appellant.
The ‘No Due Certificate’ dated 23rd February, 2021 be kept with the record.
Pending I.A.s, if any, also stand dismissed, being infructuous.
Interim orders, if any, stand vacated.
Copy of the order be supplied to Appellant and the Respondent Bank 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: 27th September, 2022 09/ac
Multiple Resorts Private Limited
Another
Allahabad Bank
Anil Kumar Srivastava
As recorded by the court registry
4 orders share this CNR
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