The Debt Recovery Appellate Tribunal disposed of the miscellaneous appeal arising from an interlocutory order of the D.R.T., noting the matter was pending before the NCLT and dismissing other applications as infructuous.
The appeal disposed of with liberty to agitate issues before D.R.T. upon revival of O.A.; other MAs dismissed as infructuous.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
Misc. Appeal No. 31/2022
Between
Axis Bank Ltd. … Appellant/s V/s. East & West Builders & Ors. …Respondent/s Mrs Uma Fadia, Advocate for Appellant.
Mr Yash S. & Mr Sankalp Shrivastav, Advocate for Respondents.
-: Order dated: 17/01/2023:-
The Appeal challenges an interlocutory order passed by the Debt Recovery Tribunal-I, Mumbai (D.R.T) in O.A. No.266/2017. It is now submitted by the Ld. Counsel appearing for the parties across the bar that the aforesaid O.A. has been disposed of by the Ld. Presiding Officer in view of the matter pending before the NCLT giving the option to the Appellant/ Applicant to revive the same as and when required.
Under the circumstances, I find no reason to retain this appeal on the files of this Tribunal. The Appeal is also disposed of with the liberty to the Appellant to agitate all issues before the D.R.T. as and when O.A. is sought to be revived.
The appeal is disposed of as above.
All Miscellaneous Applications, if any, are dismissed as infructuous.
Sd/Chairperson
psa-19
1
Axis Bank Ltd.
East & West Builders & Ors.
Ashok Menon
As recorded by the court registry
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