Debts Recovery Tribunals and Appellate Tribunals
KAVISH GREEN CITY PVT LTD vs J M FINANCIAL ASSET RECONSTRUCTION COMPANY LIMITED & ANR on 3 August 2021
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**Debts Recovery Tribunal-III, Delhi** **APPEAL-12/2019** **KAVISH GREEN CITY PVT LTD VS J M** **FINANCIAL ASSET RECONSTRUCTION** **COMPANY LIMITED & ANR**
03.08.2021
Item No. 08
Present: Sh. Dhananjay Kumar Singh, Ld. counsel for appellant.
Ms. Usha Singh, Ld. Counsel for respondent No 1.
Mr. N.P. Mangla, Ld. Counsel for CDs.
This matter is taken up by this Tribunal through Video Conferencing at DRT, Allahabad.
2. In the present matter, one application being IA No. 990/2021 has been filed on behalf of appellant / auction purchaser praying therein to permit the appellant to withdraw the Appeal No. 12/2019.
3. It is stated in the IA that present appeal is filed by the appellant under Section 30 of RDDB&FI Act seeking setting aside of order dated 01.04.2019 whereby Ld. Recovery Officer-II, DRT-III, Delhi (respondent no. 2) in the present appeal, set aside the sale of the property-in-question and same is pending before this Tribunal. It is further stated that during the pendency of the present appeal, the parties herein approached each other and without prejudice to their right & contentions and without admitting any kind of liability, amicably settled the dispute arose between them. Hence, the appellant does not want to pursue the present appeal and this IA has been filed for seeking withdrawal of present appeal.
3. In the light of averments made in IA, nothing remains for adjudication, therefore, IA No. 990/2021 is hereby allowed and appellant herein is permitted to withdraw the appeal. Now this appeal is hereby dismissed as withdrawn as settled.
File be consigned to record room.
A copy of order be also sent to Ld. Recovery Officer for information.
Registry of DRT, Allahabad is directed to send the scanned copy of this order to DRT-III, Delhi for uploading the same on website of DRT-III, Delhi.
(R. M. Kushawaha) Presiding Officer, DRT, Allahabad Addl. Charge, DRT-III, Delhi