Writ petition challenging DRAT order disposed of as infructuous following the final disposal of the underlying appeal.
Writ petition disposed of as infructuous.
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WP(C) NO.7009 of 2008
11.9.2017
Heard learned counsel for the parties.
This writ petition has been filed challenging the order dated 05.2.2008, passed by the
Debts Recovery Appellate Tribunal, Kolkata, in Application No.22 of 2007, arising out of Appea
l No.06 of 2008, directing the appellants therein to keep the certified amount with interest i
n a separate interest bearing account, which shall be continued from time to time till disposa
l of the appeal.
Learned counsel for the opposite party nos.2 and 3-Bank who were the appellants before
the Debts Recovery Appellate Tribunal,Kolkata, had filed copy of the order of the Appellate Tr
ibunal dated 21.8.2014, to show that the Appeal No.06 of 2008 has already been disposed of in
the meantime. It is submitted that in view of the disposal of the appeal, the present writ pet
ition has become infructuous.
Learned counsel for the petitioner-Bank does not dispute the factual position regarding
final disposal of the Appeal No.06 of 2008 by the Debts Recovery Appellate Tribunal, Kolkata.
Therefore no further cause of action survives.
This writ petition is disposed of infructuous.
Issue urgent certified copy as per rules.
(S.C.PARIJA, J.)
(D.DASH,J.)
2
Petitioner-Bank
Opposite party nos.2 and 3-Bank
PARIJA
DASH
As recorded by the court registry
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