Appellant filed applications to withdraw appeal 105 of 2023 due to settlement and seek refund of Rs. 18 lakh pre-deposit. Respondents had no objection. Tribunal allowed both applications and disposed of the appeal as withdrawn.
Appeal No. 105 of 2023 disposed of as withdrawn; pre-deposit of Rs. 18 lakh refunded.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appl. No. 105 of 2023 (Arising out of O.A. 311 of 2010 in DRT-1 Hyderabad)
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
23.11.2023
K. Rajendra Kumar & Ors. … Appellants Vs.
Indian Overseas Bank
….. Respondents
For Appellant : Mr. Nemani Srinivas, ld. Advocate.
For Respondents : Mr. Narayan Debnath, ld. Advocate
THE APPELLATE TRIBUNAL :
I.A. 435 of 2023 is filed by the appellant for withdrawing the appeal no. 105 of 2023 on the ground that the matter has been settled with the bank and bank has issued no due certificate in favour of the appellant. Learned counsel for the respondent is present, who has no objection in withdrawal of the appeal.
I.A. 436 of 2023 is an application for refund of the amount of Rs.18.00 lakh deposited as pre-deposit pending appeal. Since the appeal has been withdrawn, appellant is permitted to withdraw the pre-deposit of Rs.18.00 lakh. Registry is directed to proceed in accordance with law.
IA. No. 435 and 436 of 2023 are allowed. Appeal No. 105 of 2023 stands disposed of as withdrawn. No costs.
File be consigned to record room.
Copy be also forwarded to the appellant and respondent also to the concerned DRT.
Copy of the judgement/Final Order be uploaded in the Tribunal’s website.
Order dictated, signed and pronounced by me in the open Court on this the 23 day of November, 2023.
(Anil Kumar Srivastava, J) Chairperson
Dated : 23.11.2023 05 /pkb
K. Rajendra Kumar & Ors.
Indian Overseas Bank
Anil Kumar Srivastava
As recorded by the court registry
13 orders share this CNR
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