An application for withdrawal of an appeal was allowed after the respondent bank settled the guaranteed liability, leading to the dismissal of the appeal as withdrawn.
I.A. 11 of 2022 allowing withdrawal of appeal No. 283 of 2018 is allowed. Appeal stands dismissed as withdrawn.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
I.A. 11 of 2022 in (Appeal No. 283 of 2018) (Arising out of O.A. 686 of 2015 in DRT-1, Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
22.03.2022 Satyavani Homes JV … Appellants Vs. Bank of Maharashtra & 5 Others
… Respondents Mr. Nemani Srinivas, Learned Counsel for Appellant
Mr. Aneendya A. Chakraborty, Learned Counsel for Respondent No. 1Bank of Mharashtra
THE APPELLATE TRIBUNAL :
I.A. 11 of 2022
Appellant, by filing the instant I.A., being I.A. 11 of 2022, has prayed for withdrawal of the appeal. Appellant states that during pendency of the appeal, Respondent Bank has discharged the corporate guarantee of CD-6, having accepted the monies paid by Appellant, as has been recorded in the order dated 29th October, 2021 in the Recovery Proceedings, being R.P. 90 of 2020, arising out of O.A. 686 of 2015; copy whereof has been annexed with the I.A. as Annexure –A.
Learned Counsel for Respondent Bank submits that he has no objection in withdrawal of the appeal.
2
The liabilities having been cleared and the corporate guarantee of Certified Defaulter No.6, i.e CD-6, having been released and discharged from the recovery proceedings, I.A. 11 of 2022 is allowed.
Accordingly, the instant appeal, being Appeal No. 283 of 2018, stands dismissed as withdrawn.
Pending I.A.s, if any, stand disposed of.
Interim orders, if any, stand vacated.
File be consigned to record room.
Copy of the order be uploaded in the website of this Tribunal. Sd/-
(Anil Kumar Srivastava,J) Chairperson Dated: 22nd March, 2022
07//ac
Satyavani Homes JV
Bank of Maharashtra
Anil Kumar Srivastava
As recorded by the court registry
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