Chelabhai S. Patel AND Ors. vs THE NASIK MERCHANTS COOPERATIVE BANK LIMITED on 17 January 2024

**ORDER**

1. 1. Today, this matter has come up for hearing on withdrawal purshis Ex.A/22 filed by the Applicant.

2. 2. Ld. Counsel for the Applicant has filed a purshis at Ex.A/22, submitting *inter alia* that aggrieved by the action/measures taken by the Respondent Bank, the present Misc. Application was preferred by the Applicant. It is submitted that in view of the fact that cognizance is already taken in the matter being S.A. No.132 of 2022, which is already pending before this Tribunal and to minimize the multiplicity of proceedings pertaining to the same issue, the Applicant herein seeks to withdraw the captioned MA. As such, in view of the pending SA between the parties pertaining to the same issue, the Applicant seeks permission of this Tribunal to withdraw the present Misc. Application and accordingly, appropriate orders to this effect may be passed.

3. 3. Matter called several times, none present for the Respondent Bank

4. 4. Considering the submissions made by the Ld. Counsel for the Applicant that in view of the pending SA between the parties pertaining to the same issue, this Tribunal is inclined to accept the submission of the Applicant to dispose of the present M.A.

5. 5. In view of the aforesaid discussion and without commenting on the merits of the case, present M.A. No.21 of 2016 stands dismissed as withdrawn along with all pending applications, if any, with no order as to cost.

6. 6. File be consigned to records.

**(LAXMAN MADNANI)** **Presiding Officer,** **DRT-II, Ahmedabad**