Dismissed

Hdfc Bank Ltd. v. M/S Emta Coal Limited

DRAT18 Jun 2024MISC APPEAL/27/2024

Case brief

AI extract

What is this about?

The Debts Recovery Appellate Tribunal allowed interim applications in a miscellaneous appeal which was subsequently dismissed as withdrawn because the underlying revision before the Calcutta High Court had already been disposed of, rendering the appeal infructuous.

What did the court decide?

IA No. 275 of 2024 allowed; IA No. 276 of 2024 allowed; Appeal No. 27 of 2024 dismissed as withdrawn.

Hdfc Bank Ltd. versus M/S Emta Coal Limited — Banking and Recovery | DRAT (2024)

¶1

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

¶2

Misc. Appeal No. 27 of 2024

¶3

(Arising out of O.A. No. 1194 of 2016 in DRT-III, Kolkata)

¶4

Order No. 10 18.06.2024

¶5

HDFC Bank Ltd.

¶6

-VsM/s EMTA Coal Ltd. & Ors. ……Respondents

¶7

Mr. D. Basu Roy, Learned Counsel, Mr. Anunoy Basu, Ms. Soumi Das, Learned for the Appellants Mr. Souritra Ganguly, Learned Counsel Mr. Tanoy Agarwal, Ms. Shristi Sharma, Learned Counsel for the Respondent Nos. 1 and 2.

¶8

THE APPELLATE TRIBUNAL :

Admission

I.A. No. 275 of 2024

I.A. No. 276 of 2024

Heard the Learned Counsel for the Appellant as well as Learned Counsel for the Respondent Nos. 1 and 2 and perused the record.

¶13

I.A. No. 275 of 2024 put up application is allowed. I.A. No. 276 of 2024 an application to withdraw the Miscellaneous Appeal No. 27 of 2024 being infructuous.

¶14

A Miscellaneous Appeal No. 24 of 2023 arising out of O.A. No. 1194 of 2016 was preferred by the Appellant M/s. EMTA Coal Ltd. which was decided on 5^th October, 2023.

¶15

¶16

C.O. No. 3742 of 2023 was filed against the Appellate judgment which was ultimately disposed of by the Hon’ble Calcutta High Court on 13^th May, 2024.

¶17

Instant Appeal No. 27 of 2024 was filed on 13^th March, 2024 against an order dated 08.02.2024 passed by Learned DRT-3 Kolkata wherein Learned DRT directed the parties to bring on record the latest status report of the Appeal/ revision pending before the Hon’ble High Court. Since the revision is already disposed of by the Hon’ble High Court, Learned Counsel for the Appellant submits that he is withdrawing the Appeal. Learned Counsel for the Respondent submits that he has no objection. Accordingly, I.A. No. 276 of 2024 is allowed. Appeal is dismissed as withdrawn.

¶18

Pending I.A.s if any, are disposed of accordingly. Interim order, if any, stands vacated.

¶19

Copy of the order be supplied to the Appellant and the Respondents and the copy be also forwarded to the concerned DRT.

¶20

File be consigned to Record Room.

¶21

Order dictated, signed, dated and pronounced in open Court today.

¶22

(Anil Kumar Srivastava,J) Chairperson

¶23

Dated 18^th June, 2024

¶24

1/tp

Hdfc Bank Ltd. v. M/S Emta Coal Limited

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd. v. M/S Emta Coal Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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