Debts Recovery Tribunals and Appellate Tribunals

Mr Manglesh Champaklal Gandhi vs Aditya Birla Finance Limited on 6 January 2026

Exh-19

IN THE DEBTS RECOVERY TRIBUNAL-II AT AHMEDABAD (Pankaj Kumar Upadhyay, Presiding Officer)

Item No.27 MA/3/2019

Mr. Manglesh Champaklal Gandhi & Ors. Vs. Aditya Birla Finance Ltd.

06.01.2026

Present:

Mr. Bhavesh Solanki, Ld. Proxy Counsel for the Applicant. None appeared for the Respondent Bank/FI.

Ld. Counsel for the Applicant has filed Pursis for withdrawal Ex.A/18, which is taken on record.

Ld. Counsel for the Applicant filed Pursis Ex.A/18, mentioning therein that *the dues of the Applicant were assigned in favour of Encore Asset Reconstruction Company Pvt. Ltd. vide assignment agreement dated 31.12.2024. thereafter, the Applicant approached the assignee for an amicable settlement, which was arrived at for a total consideration of RS.2,00,00,000.00p and the said settlement amount has been fully paid by the Applicant and the same has been duly accepted by the assignee and the assignee also issued the "settlement cum No due Certificate" dated 21.11.2025 declaring that no dues remain outstanding against the Applicant. The assignee has also released all the original title documents and handed over the physical possession of the secured property to the Applicant. Therefore, the Applicant request this Hon'ble Tribunal to disposed the present Miscellaneous Application as settled.*

The copy of the "No Due Certificate" issued by the FI is annexed with Pursis for Ex.A/18.

In view of the above, as the account has been settled and Respondent FI has also issue "No Due certificate" as stated in Exh.A/18, no cause of action survives in the present Miscellaneous Application and it has now become infructuous and deserves to be disposed of.

Accordingly, the present Miscellaneous Application is disposed of as withdrawn on the basis of Pursis for Ex.A/18 with no order as to cost.

Order accordingly.

File be consigned to records.

(PANKAJ KUMAR UPADHYAY) PRESIDING OFFICER DRT-II, AHMEDABAD

06.01.2026

S/j.

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