In an appeal arising from DRT proceedings, the Debts Recovery Appellate Tribunal dismissed the appeal as withdrawn. The appeal was abandoned by the appellant bank despite opposition from one respondent.
Appeal dismissed as withdrawn.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Misc. Appeal No. 26 of 2024
(Arising out of I.A. 2229 of 2023 & I.A. 781-768 of 2022 in SA 306 of 2019 in DRT-III Kolkata) THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
Order No. 16 06.05.2025
The AO, Indian Bank, Stressed Asset, Large Branch, Kolkata 14, India Exchange, Kolkata – 700001. ... Appellant
--Vs--
For Appellant : Ms. Soudip Pal Chowdhury, ld. adv. For Respondent : Mr. Samik Basu, ld. adv. resp. no.1 Ms. Moumita Bhattacharjee, ld. adv. Ms. Sharmistha Pal, ld. adv. for resp. no.2
THE APPELLATE TRIBUNAL :
Learned counsel for the appellant endorsed in the memo of appeal that appellant is withdrawing the appeal. Although, request for withdrawal is opposed by the learned counsel for respondent no.2.
Since the appellant bank itself is not pursuing the appeal, they cannot be compelled to pursue the same. This Tribunal cannot compel the appellant to proceed with the matter when they endorsed in the memo of appeal that they intend to withdraw the appeal.
Accordingly, appeal is dismissed as withdrawn.
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 6th day of April, 2025.
(Anil Kumar Srivastava, J) Chairperson
Dated : 06.05.2025 11/pkb
The AO, Indian Bank
M/s. Dhanvridhi Commercial Pvt. Ltd.
M/s. Sree Ramdoot Rollers Pvt. Ltd.
Anil Kumar Srivastava
As recorded by the court registry
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