MR AMOL G MITRA vs BANK OF INDIA on 27 September 2024

Item No.23APPEAL/17/2022Ex-18

MR. AMOL G MITRA Vs. BANK OF INDIA

27.09.2024

Present:

Mr. Dhaval M.Shah, ld. Proxy Counsel for Appellant.

Ms. Usha Zala, ld. proxy Counsel for Respondent Bank.

The case is taken up for consideration on closure affidavit **Ex: A/16**, on receipt of amount from the Defendants under compromise.

Heard and perused

Ld. Counsel for Appellant submitted that the present Appeal has been filed by Appellant before this Tribunal against the order dated 13.12.2022 passed by ld. Recovery Officer. However, during the pendency of above Appeal, the aforesaid matter was settled between the both parties and Appellant has already paid the entire settled amount to the Respondent Bank and the Respondent bank has filed a closure affidavit in the Recovery proceeding No. 1792/2003 and that as no cause of action survives to the Appellant in present Appeal and further the present Appeal may be disposed off.

Respondent's Counsel submitted that she has no objection, if the above Appeal is disposed-off.

In view of the above submissions of ld. Counsel for both the parties, as no cause of action survive to the Appellant in present Appeal due to settlement between parties and Respondent bank has received entire payment in concerned loan account, **the above Appeal deserves to be disposed-off and dismissed as having become infructuous as also withdrawn, with no order cost.**

**Order accordingly.**

File be consigned to records.

(ANIL KUMAR GUPTA) PRESIDING OFFICER I/c. DRT-II, AHMEDABAD 27.09.2024