An interim application seeking withdrawal of the main appeal was allowed. The appeal was withdrawn as the matter was settled amicably with the respondent bank.
Instant I.A. allowed; Main S.A. No.9/2022 disposed of as withdrawn and settled amicably.
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.
Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation)
| Case No.SA/9 | SantanuDeyvs.Aditya BirlaFinance Lt 15/2022 |
d, & Anr. |
|---|---|---|
| DateofOrder | Orderwithsignature | Sl9natureot |
| OrderNo.09 pt,26.03.2025 Sl,No.36 |
Present: ForApplicant:Ld. CounselMs,S,G. Murjai ForDefendant:Ld. Counsel Mr, S, Ghosh |
|
| [N1O43/2O25istaken upforhearing, HeardLd.counselsforbothsides. Considered. |
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| LdCounselfortheApplicantfiledI.A,No.1O43of2025 prayingforwithdrawalofthemain S.A. Theapplicationis supportedby Affidavit of the applicantMr. SantanuDey.During thependencyoftheS.A.the matterhas beensettledwlththe RespondentBankandtheRespondentBankisnot9oin9to continuewith theinstantproceedingandhas issueda,NoDues Certificate'.Sincethisis anamicablesetflementbetweenthe partlesandtheApplacantintendstowithdrawthemain S.A.,no prejudicewillbecausediftheI.A.isallowedwithoutinviting responsefromotherside.Accordingly,theinstantl.A.is allowed and standsdisposedof being dismissedaswithdrawnas settled amicably, S.A. No.915of2022 atongwitha[otherpendingI.A.s,if any,isdisposed ofaswithdrawn. FilebeconsignedtoRecord Roomafterobservingall formalities. |
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| (K;matDe) PresidingOfficer DRT-3, Kolkata |
1 issue framed by the court
Whether an interim application for withdrawal of main appeal can be allowed upon amicable settlement.
Santanu Dey
Aditya Birla Finance Ltd. & Another
Presiding Officer
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
