This order grants the applicant permission to withdraw the Original Application after the defendant made a substantial payment and amounts were likely to be recovered from CIRP.
Permission to withdraw the Original Application is granted and the Original Application stands dismissed as withdrawn.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 DEBTS RECOVERY TRIBUNAL No.2, MUMBAI
(BEFORE HON’BLE PRESIDING OFFICER)
Sr. No.27
INTERLOCUTORY APPLICATION No.2611 of 2023 In TRANSFERRED ORIGINAL APPLICATION NO.39 of 2023
Asset Care and Reconstruction Enterprises Ltd.
… Applicant
Versus
Reliance Capital Ltd. … Defendant
Mr Archit Shah i/b M/s. Manilal Kher Ambalal and Co. – Advocates for the applicant.
None for defendant.
Shri Deepak M. Thakkar Presiding Officer, 10th January 2024.
ORDER
Sd/-
(Deepak M. Thakkar) Presiding Officer, DRT-2, Mumbai
Radhika
IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI (BEFORE HON’BLE PRESIDING OFFICER) ORDER SHEET
10.01.2024 Sr. No.27
| TOA No.39 of 2023 | ||
|---|---|---|
| classifi -cation |
No. of Exh. |
Asset Care and Reconstruction Enterprises Ltd. Vs. Reliance Capital Ltd. & Anr. |
| None for the parties. | ||
| 1. No representation is made by the applicants either personally or through the advocate. 2. For dismissal, stand-over to 11thJanuary, 2024. |
||
| 9 | Presiding Officer, DRT-2, Mumbai Later on, 3. Ms Archit Shah i/b M/s. Manilal Kher Ambalal & Co., representing the applicant, mentioned the matter, and has presented additional affidavit (exhibit-9), which is taken on record. 4. Order in Interlocutory Application No.2611 of 2023 passed separately. 5. In view of the order passed in Interlocutory Application No.2611 of 2023, Transferred Original Application No.39of 2023 stands dismissed as withdrawn with no order as to costs. 6. The learned Registrar is directed to refund the court |
| fees as per the Rules. | |
|---|---|
| 7. All pending Interlocutory Application, if any, stands | |
| disposed of. | |
| Sd/- | |
| Presiding Officer, DRT-2, Mumbai |
|
| Radhika |
2 issues framed by the court
Whether permission to withdraw the Original Application due to defendant's alleged payment and pending CIRF recovery can be granted.
What is the disposal status of the transferred Original Application following the withdrawal.
Asset Care and Reconstruction Enterprises Ltd.
Reliance Capital Ltd.
Deepak M. Thakkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
