This court dismissed the appeal as having become infructuous. The court observed that the appellant had given an undertaking to withdraw all pending proceedings against the Bank and settle accounts before any court, rendering there to be nothing to decide in the present appeal.
Appeal dismissed as infructuous.
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Appeal Dy. No. 1257/2023 Date: 23.09.2024
Annie Educational and Social Welfare Society and 10 Ors. Vs. Bank of Maharashtra & 2 Ors.
Present: Shri V. K. Shukla, counsel for the appellant, Shri A. C. Thakur, counsel for the applicant/respondent no. 1 & 2-Bank,
Shri Mayank Chaudhary, counsel for the respondent no. 3,
Heard the learned counsel for the applicant/respondent-Bank on the urgency application being I.A. No. 845/2024 as well as the application for dismissal of the appeal being I.A. No. 846/2024.
Learned counsel for the applicant/respondent-Bank has drawn attention of this court to the para 1, 2, 3 & 4 of the I.A. No. 846/2024 and has stated that the undertaking has been given by the appellant that he shall withdraw all the proceedings pending against the Bank before any of the court and account has been settled between the parties, therefore, the appeal may be dismissed as having become infructuous as there remains nothing to be decided in the present case.
In view of the above, the appeal is dismissed as having become infructuous.
Justice R. D. Khare Chairperson
Anupam
1 issue framed by the court
Whether the appeal should be dismissed as infructuous due to undertaking given by appellant.
Annie Educational and Social Welfare Society
Bank of Maharashtra
Justice R. D. Khare
As recorded by the court registry
3 orders share this CNR
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