The Special Appeal was dismissed for lack of cause of action as the loan dispute was settled and the account closed. Respondents were directed to return title deeds with NOC.
Special Appeal dismissed for want of cause of action. Respondents directed to return original title deed with NOC.
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.
CONTD. ORDER.SHEET
PAGE No
CASE No
| DATE | DESCRIPTION OF THE ORDER | RETIARK |
|---|---|---|
| sAsl0l22 06n2t23 |
Shri Ashok Banke,AdvfortheApplicant Shri RahulDubey,Adv forthcRespondent Bank NoneforRespondentNo.2 |
|
| 2.Onmatter being takenRespondentCounsel by invitingattentiononIANo.5871123clatecl 30llll23andstatementolaccountdated 29llll23taggedwith thisapplicationapprised thatloanaccountofApplicantshasalready beenclosed sinceloandisputehas amicably settled. LMatteristakenuPforhearingon applicationforurgenthearingfieldonbchall' ofRespondent-Bank. 3.RespondentCounselfurthersubmitsthat since accounthasalreadybeenclosed andall sarfaesiactions have alreadybeenwithdrarvn noneedtoprosecutethisSAfurtherandprays fordismissalontheground. 4.ApplicantCounselapprisedthatApplicants arenotintouchsincelongtherelorehecould notverifiedthef-acthowevet'lookingt0 statementofRespondentCounselandcopyol statementofaccountitrevealsthatloan accountoftheApplicantshasbeen closed. 5. Statementgivenbythe RespondentCounsel beforetheBenchcannotbedisbelieve! especiallywhenthe factmentioned underth! applicationalsocorporateby the officerol |
CONTD. ORDER.SHEET
PAGE No
CASE No
| DATE | DESCRIPTIONOFTHE ORDER | REMARK |
|---|---|---|
| Respondent-BankSandeshJainbysubmitti affidavit tosupporttheapplication. |
ob | |
| 6. Fromaboveitrevealsthatloandispute Applicantshas alreadybeensettlcdnoca ofaction survive toprosecutethisSA. |
of SE |
|
| 7.PrayerfordismissalofSAishere allowed. |
v | |
| 8.This SAisdismissedforwantofcause action. |
of | |
| 9.Respondentsideisdirectedtoreturn originaltitledeedwithNOC totheApplic ifhasnotreturnedandissueYet. 10.Boththeparties shallbeartheirowncos 11.Recordbeconsignedtotherecordroom (Ilam Presi was l'atel) dtn Officer D.R.T,Jabalpur (M.P&C.G) |
he tS |
1 provisions across 1 enactments
Applicant
Respondent
Respondent No. 2
D.R.T
Presiding Officer
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
