The Debt Recovery Appellate Tribunal allowed the appellant bank to withdraw the pending appeal against an interim order as the main order had been disposed of, and accordingly dismissed the appeal as withdrawn.
Permission to withdraw the appeal accorded; appeal dismissed as withdrawn.
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 DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
Dated the 11th day of February 2025
PRESENT : HON’BLE MR. JUSTICE G. CHANDRASEKHARAN CHAIRPERSON
MA 47/2018
(Arising out of I.A.1753/2007 in O.A.No.281/2001 on the file of DRT, Bangalore)
Between
ICICI Bank Ltd, Land Mark, Race Court Circle, Vadodata – 390 007.
… Appellant
And
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11 (a) Smt. Mukta Bai, W/o. Baji Rao Patil, Age : Major, R/o At Post: Shinal, Taluk : Athani, District Belgaum.
Defendant No. 11 (b) Sri Parashuram, S/o. Baji Rao Patil, R/o At Post: Shinal, Taluk : Athani, District Belgaum.
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11 ( c ) Narayan, 13. Sri. Gajanan Patil, S/o. Baji Rao Patil, S/o. Bhimsen Patil, Age : Major, Age : 45 years, R/o At Post: Shinal, Occupation – Taluk : Athani, Agriculturist, District Belgaum. A/p Shinal, Tal Athani, Dist. Belgaum.
11 (d) Tani Bai, W/o. Jyotiba Patil, D/o. Baji Rao Patil, Age : Major R/o At Post: Shinal, Taluk : Athani, District Belgaum.
12 (a) Narayan Bapu Patil, Age : 48, A/p Shinal, Tal. Athani. Dist. Belgaum.
3
23 (a). Smt. Rukmini W/o. Panurang Patil, Age: Major, R/o At Post : Shinal, Taluk : Athoni, Dist : Belgaum.
4
27 (a). Smt. Anju Bai, W/o. Ramu Patil, Age : Major, R/o At Post: Shinal, Taluk : Athoni, Dist : Belgaum.
27 (b) Maruthi, S/o. Ramu Patil, Age: Major, R/o At Post: Shinal, Taluk : Athoni, Dist : Belgaum.
27 ( c ) Bala Saheb, S/o. Ramu Patil, Age: Major, R/o At Post: Shinal, Taluk : Athoni, Dist : Belgaum.
27 (d) Ekanath, S/o. Ramu Patil, Age: Major R/o At Post: Shinal, Taluk : Athoni, Dist : Belgaum.
27 (e) Narayan, S/o. Ramu Patil, Age: Major R/o At Post: Shinal, Taluk : Athoni, Dist : Belgaum.
27 (f) Dada Saheb, S/o. Ramu Patil, Age: Major R/o At Post: Shinal, Taluk : Athoni, Dist : Belgaum.
27 (g) Smt. Shanta Bai, W/o. Nivruti Patil, D/o. Ramu Patil, Age: Major R/o At Post: Shinal, Taluk : Athoni, Dist : Belgaum.
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27 (h) Bagubai, W/o Appasaheb Naik D/o. Ramu Patil, Age: Major R/o At Post: Shinal, Taluk : Athoni, Dist : Belgaum.
28 (a) Prashanth, S/o. Ramarao Patil, Age: Major R/o At Post: Shinal, Taluk : Athoni, Dist : Belgaum.
28 (b) Prakash, S/o. Ramarao Patil, Age: Major R/o At Post: Shinal, Taluk : Athoni, Dist : Belgaum.
28 (c ) Rajakka C/o. Ramarao Patil, Age: Major R/o At Post: Shinal, Taluk : Athoni, Dist : Belgaum.
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S/o. Dnyanoba Patil, Age : 42 years, Occupation – Agriculturist, A/p Shinal, Tal Athani, Dist. Belgaum.
Since deceased by his L.Rs
37 (a) Smt. Susheela W/o Narayan Patil Age: Major R/o At Post: Shinal Taluk: Athoni, Dist: Belgaum
37 (b) Vitthal S/o Narayan Patil Age: Major R/o At Post: Shinal Taluk: Athoni, Dist: Belgaum
37 (c) Smt. Chandrika C/o Narayan Patil Age: Major R/o At Post: Shinal Taluk: Athoni, Dist: Belgaum
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40 (a) Anjubai Dhondiba Patil Age: 70 years (b) Subhash Dhondiba Patil Age 42 years, (Both R/o At & Post Maishal Taluk Miraj Dist, Sangli)
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Occupation: Agriculturist A/p Shinsl Taluk. Athani. Belagum Distirct.
51 (a). Datta Babu Patil Adopted son of Ganapathi Giddy, Age: Major, A/p Shinal, Taluk. Athani, Belgaum District.
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Occupation: Agriculturist A/p Shinal, Taluk, Athani, Belgaum District.
Age: 67 years, Occupation: Agriculturist, A/p Shinal, Taluk. Athani, Belgaum District.
S/o Sidaba Patil, Age: 48 years, Occupation: Agriculturist. A/p Shinal, Taluk. Athani,
Belgaum District.
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60(a) Smt. Lakshmi Bai W/o Mahadev Talwar, Age Major, R/o At post: Shinal, Taluk. Athani, Belgaum District.
60(b) Vittal, S/o Mahadev Talawar, Age-Major R/o At Post: Shinal, Taluk. Athani, Belgaum Distirct.
60(c) Hanamanth S/o Mahadev Talwar, Age-Major R/o At Post. Shinal, Taluk. Athani, Belgaum District 60(d) Paras, S/o Mahadev Talawar, Age-Major, R/o At Post. Shinal, Taluk. Athani, Belgaum District.
62(a) Smt. Inda Bai, W/o Ganapathi Patil, Age: Major, R/o At Post: Shinal, Taluk. Athani, Belgaum District.
62(b) Shawn
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Belgaum District.
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71(a) Rathan Singh Harisingh Rajput, Age: 48 years,
(b) Bharat Singh Harisingh Rajput Age: 38 years
(c) Babu Singh Harisingh Rajput Age: 55 years (All are R/o Jainpet, Athani Taluk, Belgaum District)
Age: 47 years, Occupation: Agriculturist. A/p Shinal, Taluk. Athani, Belgaum District. (Since deceased by his Lrs)
72(a) Smt. Bharathi, W/o Ramachandra Patil, Age: Major, R/o At Post. Shinal, Taluk. Athani, Belgaum District.
72(b) Geetha,
D/o Ramachandra Patil, Age: Major, R/o At Post. Shinal, Taluk. Athani, Belgaum District.
72(c) Usha,
D/o Ramachandra Patil, Age: 16 years, Minor represented by her mother Smt Bharathi, R/o At Post, Shinal,
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Taluk. Athani, Belgaum District.
72(d) Jyothi,
D/o Ramachandra Patil, Age: 13 years, Minor represented by her mother Smt. Bharathi, R/o At Post: Shinal, Taluk, Athani, Belgaum District.
72(e) Raju
73(a) Prabhu
S/o Nageshi Durg Age: Major, R/o At post, Shinal, Taluk. Athani, Belgaum District.
72 (b) Shachatu
S/o Ramachandra
Patil, Age: 10 years, Minor represented by her mother Smt. Bharathi, R/o At post: Shinal, Taluk. Athani, Belgaum District.
72(f) Ravi
S/o Ramachandra Patil, Age 8 years Minor represented by her mother Smt. Bharathi, R/o At post, Shinal, Taluk. Athani, Belgaum District.
73(c) Shamarao,
S/o Nageshi Durg, Age Major, R/o At Post, Shinal, Taluk. Athani, Belgaum District.
74. Sri. Murgeppa
Durgi, S/o Chanappa Durgi, Age: 39 years, Occupation: Agriculturist, A/p Shinal, Taluk. Athani, Belgaum District.
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77(a) Basavva Cu deseand) W/o Annappa Menashi, Age: Major, R/o at post: Shinal, Taluk. Athani, Belgaum District.
Age: 42 years, Occupation: Agriculturist A/p Shinal, Taluk. Athani, Belgaum District.
15
S/o Maruthi Patil, Age: 37 years, Occupation: Agriculturist, A/p Shinal, Taluk. Athani, Belgaum District.
S/o Kashinath Samant Age: 57 years, Occupation: Agriculturist, A/p Shinal, Taluk, Athani. Belgaum District.
16
Occupation: Agriculturist, A/p Shinal, Taluk. Athani, Belgaum District.
Age: 52 years, Occupation: Agriculturist, A/p Shinal, Taluk. Athani. Belgaum District.
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95(a) Vittal Singh (d) Rajsingh K Rajput, K Rajput Age: 45 years,
Age: 55 years,
(b) Shivsingh K Rajput, (e) Jai Singh Rajput, Age: 53 years, Age: 38 years, (c) Vamansigh K (All are R/o Jainpet, Rajput Athani, Belgaum Age: 48 years, District)
…Respondents
Counsel for Appellant : Mr. T. Srinivasaraghavan & Associates
R1 remained ex parte.
R2 to R95 (a) to (e) are given up.
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ORDER
When the matter is taken up, Ld. Counsel for appellant bank submitted that this appeal is filed against an interim order passed in IA 1753/2007 in OA 281/2001 on the file of DRT, Bangalore and now the main OA itself was disposed of, therefore, nothing survives in this appeal and seeks permission to withdraw this appeal. Ld. Counsel made an endorsement to that effect in the Appeal Memo. Permission is accorded.
In view of the endorsement, this Appeal MA 47/2018 is dismissed as withdrawn.
Pending IAs, if any, stand closed.
Sd/- (JUSTICE G. CHANDRASEKHARAN) CHAIRPERSON
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ICICI Bank Ltd
Shree Hanuman Sahakari Pani Puravata Sahakari Sakhar Karkhana Ltd.
G. Chandratharvan
As recorded by the court registry
12 orders share this CNR
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