This appellant was filed in the Debts Recovery Appellate Tribunal to challenge an order that directed the non-proceeding and non-confirmation of an aircraft sale. The court noted that no sale had occurred due to lack of bidders, rendering the appeal infructuous. Consequently, the appeal was dismissed.
Appeal is dismissed as infructuous.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
Misc. Appeal No. 03 of 2025
(Arising out of S.A. 229 of 2023 in DRT-III, Kolkata)
Order No. 08
10.3.2025 Bank of Baroda … Appellant -VsM/s. Only Wheel & 2 Others … Respondents Mr. Rudra Dev Bagchi (Virtual) with Mr. Kaushik Modak, Ms. Mousumi Pal and Mr. Nirvay Roy, Learned Counsel for the Appellant
Mr. Gaurav Singh with Mr. Ankit Chatterjee, Mr. Sital Chakraborty and Ms. Susmita Nath, Learned Counsel for Respondents
THE APPELLATE TRIBUNAL :
Heard the Learned Counsel for the parties and perused the record.
Instant appeal has been preferred against order dated 25.11.2024 passed by Learned DRT-III, Kolkata in S.A. 229 of 2023 (M/s. Only Wheel & Others -vs- Bank of Baroda).
It appears that Learned DRT directed not to proceed with the sale which was to be held on 25.11.2024 and in case sale takes place not to confirm the same.
It is admitted by the Learned Counsel for the parties that no sale took place on 25.11.2024 for want of bidders. Accordingly, as far as impugned order is concerned, it becomes infructuous.
2
Accordingly, appeal is liable to be dismissed as infructuous.
O R D E R
Appeal is dismissed as infructuous.
No order as to costs.
Copy of the order be supplied to Appellant and the Respondents and a copy be also forwarded to the concerned DRT.
File be consigned to Record room.
Order signed and pronounced in open Court.
(Anil Kumar Srivastava,J) Chairperson
Dated: 10th March, 2025 13/ac
Bank of Baroda
M/s. Only Wheel & 2 Others
Anil Kumar Srivastava
As recorded by the court registry
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