Appeal in banking dispute frivolously withdrawn; set aside as not pressed. Pre-deposit allowed for refund; other pending applications disposed accordingly.
Refund of pre-deposit amount to the appellant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal No. 37 of 2022
(Arising out of O.A. NO. 327 of 2019 in DRT-2, Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
27.02.2023 M/s. Kissan Cold Storage ( a unit of Kissan Rural Ware House ) & ors.
… Appellant -VsCity Union Bank of India & Anr … Respondent Ms. Aparajita Rao with Ms. Ankana Basu, Learned Counsel for Appellant
None for Respondent Bank
THE APPELLATE TRIBUNAL :
Application I.A. No. 79 of 2023 is moved by the Appellant for dismissal of the Appeal. No opposition by the Respondents since none is present.
Accordingly, Appeal is dismissed as not pressed.
Application I.A. No. 75 of 2023 is moved for refund of the amount deposited as pre deposit by the Appellant at the time of filing of Appeal. Since Appeal has been dismissed as not pressed prayer for refund is also allowed. Appellant is entitled for refund of the amount deposited as pre deposit.
Pending I.A.s if any, are disposed of accordingly. Interim order, if any, stands vacated.
2
Copy of the order be supplied to the Appellant and the Respondent and the copy be also forwarded to the concerned DRT.
File be consigned to Record Room.
Order dictated, signed, dated and pronounced in open Court today.
(Anil Kumar Srivastava,J) Chairperson
Dated: 27th February, 2023 10/tp
Kissan Cold Storage
City Union Bank of India
Anil Kumar Srivastava
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
