In regular appeal over a restoration application, the single judge allowed the application for restoration. Subsequently, the main appeal was dismissed as withdrawn because the loan account had been settled by the appellant-bank and no cause of action survived.
Restoration application allowed; main appeal dismissed as withdrawn.
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M.A. No. 32/2022 In Regular Appeal No. 37/2015 Date: 31.01.2023
Indian Bank Vs. Bijender Gupta & Ors.
Present: Shri S. K. Gupta, Advocate holding brief of Shri P. N. Tripathi, counsel for the appellant-Bank, Shri Mohit Singh, Advocate holding brief of Shri Abhijeet Mukherji, counsel for the respondent, Shri A. K. Sharma, counsel for the respondent no. 3, Shri R. K. Sharma, counsel for the respondent no. 4,
Heard the learned counsels for the parties on the restoration application.
Leaned counsel for the appellant-Bank submits that restoration application may be allowed and thereafter, the appeal may be dismissed as withdrawn in view of fact that the loan account has been settled and no cause of action survives.
Learned counsels for the respondents have no objection to the submissions made by the learned counsel for the appellant.
In view of the above, the restoration application is allowed and main appeal is restored to its original number. Since the loan account has been settled and no cause of action survives as per statement given by the learned counsel for the appellant and the fact that the appearing respondents have no objection to the same, the appeal is dismissed as withdrawn.
Justice R. D. Khare Chairperson
Anupam
Indian Bank
Bijender Gupta
Respondent No. 3
Respondent No. 4
R. D. Khare
As recorded by the court registry
5 orders share this CNR
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