The DRT dismissed the appeal as infructuous because the appellant offered to vacate the secured asset and the respondent accepted it, rendering the dispute moot.
The appeal was dismissed as infructuous.
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
Misc.Appl.DyNo. 764 of 2024
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
Order No. 08
04.10.2024
... Appellant
--Vs--
2.Smt. K Sumathi Mohan,residing at 37-74/9, Plot No E- 73, Mohan Building, Neredmet X Roads, JJ Nagar, Sainikpuri Post, pin 500056.
... Respondents
For Appellant : Mr. Nemani Srinivas, ld. adv
For Respondent : Mr. D. Raghuvulu, ld. Adv on virtual mode
THE APPELLATE TRIBUNAL :
At the very outset learned counsel for the appellant submits that appellant is ready to vacate possession of the secured asset during the course of the day. Authorized person of Respondent no.1 also accepts the assertion made by the learned counsel for the appellant.
Accordingly, this appeal has lost its efficacy. Appeal is dismissed as infructuous.
File be consigned to record room.
Copy of the order be supplied to the appellant and the respondents and a copy be also forwarded 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 4th day of October, 2024.
(Anil Kumar Srivastava, J) Chairperson
Dated : 04.10.2024 - 17/pkb
1 issue framed by the court
Whether the appeal remains maintainable when the appellant offers to vacate possession and the respondent accepts it.
M/S Sunflower Hospital
Citiwide Financial Services Ltd & Anr.
Anil Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
