Appeal against a conditional order directing respondent deposit was dismissed as infructuous because the respondents failed to comply with the order, causing it to stand vacated.
Impugned order stands vacated; appeal 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. 82 of 2025 (Arising out of S.A. 24 of 2025 in DRT, Cuttack)
Order No. 09 13.11.2025
Bank of India … Appellants -VsM/s. Shree Lokanath Stone Crusher & Another
… Respondents
Mr. Debasish Saha, Learned Counsel for the Appellants
Mr. Nemani Srinivas, Learned Counsel for Respondents
THE APPELLATE TRIBUNAL:
Instant appeal is preferred against order dated 23rd July, 2025 passed by Learned DRT, Cuttack in S.A. 24 of 2025 (M/s. Shree Lokanath Stone Crusher & Another -vs- Bank of India) wherein the Learned DRT passed a conditional order directing the Respondents herein to deposit an amount of Rs.55,59,000.00 in two instalments and directed the Bank not to proceed further. It is further directed that in case of failure to deposit any of the instalments, interim order shall automatically stand vacated.
At the very outset, it is submitted by the Learned Counsel for Appellant that the order is not complied with by the Respondents herein.
Since the order is not complied with, automatically the order passed by Learned DRT stands vacated, as per the impugned order itself.
2
Accordingly, the appeal becomes infructuous and is dismissed as infructuous.
Copy of the Judgment/Final Order be uploaded in the Tribunal’s Website.
File be consigned to Record room.
Order dictated and pronounced in open Court.
(Anil Kumar Srivastava,J) Chairperson
Dated: 13th November, 2025 07/ac
1 issue framed by the court
Whether the appeal becomes infructuous when the impugned order is not complied with.
Bank of India
M/s. Shree Lokanath Stone Crusher
Another
Anil Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
