The Debts Recovery Tribunal dismissed the sale appeal as infructuous following the withdrawal of the proposed auction schedule by the respondent bank, ordering parties to bear their own costs.
Sale application dismissed as infructuous; order dismissing without costs.
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THE DEBTS RECOVERY TRIBUNAT-I AT HYDERABAD DATED THIS THE olst DAY oF, DEcEM;inI zozs PRESENT: sRI. GUMMADI GOPICHAND HON'BLE PRESIDING OFFICER
sA. NO. 379 0F 2023
Between
M/s. Nandini Industries India pvt Ltd (NIIPL). (Formerty Known as TSs.projectsino'inJr#i", pvt Ltd) 7-1-5B,lst Floor, Divya Snaf<[i Compi;;;- Ameerpet, Hyderabad-5000 16. And others.
....Applicant/s
And
State Bank of India, SAMB, Secunderabad (4L06), 5-9-76, 2nd Floor, prabhat Towers, Opp. SBI Amaravathi LHO, Chapel Road, Gunfoundry, Hyderabad-500001.
.... Respondent/s
DOCKET ORDER DT.O1.12.2023.
The Respondent Bank filed memo dt.20.tO.2OZ3 stating that the Respondent Bank vide Corrigendum ai. ie. i.d.ozs, has withdrawn the proposed auction schedu-led on 31.10.2023 and so, the SA becomes infructuous. Ld. counser for the appri.uni r]rui ,"i, objections to the said memo stating that they are entitled for refund of court flu .nJ1t...-
Heard both the Ld' counser and perused the materiar brought on record.
In the circumstances, I am of the opinion that the SA can be dismissed as infructuous since the auction was withdrawn. In the .esutt, Se :iS7Z: is Pa rties shall bear their own costs.
sd/-
Presiding Officer i"Rt-,E COFY tlt.s{429 Assf, Rogisfrar DRI.I, HYDEft.4rl.AA.
2 issues framed by the court
Whether the sale of auction becomes infructuous after the withdrawal of the auction schedule by the debtor.
Whether the application seeking refund of court fees be allowed in context of withdrawn auction.
M/s. Nandini Industries India Pvt Ltd
State Bank of India, SAMB, Secunderabad
Gummadi Gopichand
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
