Debts Recovery Tribunals and Appellate Tribunals

MR NARESHKUMAR SARDARA SINGH vs HDFC BANK on 22 May 2024

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**IN THE DEBTS RECOVERY TRIBUNAL-II AT AHMEDABAD**

**(Laxman Madnani, Presiding Officer)**

M.A.No. 22 of 2023

Date of Filing : 20.07.2023

Date of Decision : 22.05.2024

**NARESHKUMAR S. SINGH**

.....APPLICANT

**VERSUS**

**HDFC BANK LTD.,**

.....RESPONDENT

**Appearance:**

None appeared for the Applicant

Mr.Keshav Chopra, Ld. Proxy Counsel for Mr.L.M.Patel, Ld. Counsel for the Respondent Bank

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**ORDER**

1. 1. Today, this matter has come up for hearing.

2. 2. Ld. Counsel for the Respondent has filed a purshis at Ex.R/5, submitting *inter alia* that an out of court settlement has been arrived at between the Applicant and the Respondent and further that the connected S.A. No.547/2023 has already been disposed of vide order dated 12.04.2024. Copy of order dated 12.04.2024 passed by this Tribunal in S.A. No.547/2023 is annexed along with the purshis at Ex.R/5. In view of the said fact, the present Misc. Application has become infructuous and hence, appropriate order may be passed to dispose of the present Misc. Application.

3. 3. Matter called several times, none present for the Applicant.

4. 4. In this context, it would be pertinent to refer to the judgment of the Hon'ble Apex Court in the case of **Shipping Corporation of India Ltd. V/s. Machado Brothers & Others, 110(2004) DLT 649 (SC)** wherein it has been held as under:

*"For the reasons stated above, we are of the opinion that continuation of a suit which has become infructuous by disappearance of the cause of action would amount to an abuse of the process of the court and*

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2M.A.No. 22 of 2023

*interest of justice requires such suit should be disposed of as having become infructuous."*

1. 5. Considering the submissions made by the Ld. Counsel for the Respondent and taking into account the purshis filed by the Respondent at Ex.R/5, as such no cause of action survives to continue the proceedings of the present M.A, therefore, in the interest of justice, this Tribunal is inclined to accept the submission of the Respondent to dispose of the present M.A.

2. 6. In view of the aforesaid discussion and without commenting on the merits of the case, present M.A. No.22/2023 stands disposed of, with no order as to cost.

3. 7. File be consigned to records.

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

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