ICICI Bank Limited vs VINODKUMAR on 22 October 2024

**CONTD. ORDER-SHEET**ITEM No. 72 APPEAL/5/2024**DEBT RECOVERY TRIBUNAL -II****DESCRIPTION OF THE ORDER****ICICI BANK LIMITED****Vs.****VINODKUMAR MALI**

22.10.2024

Present

Mr.Keshav Chopra, Id. Proxy Counsel for Appellant bank.

None present for Respondents.

Withdrawal affidavit Ex.A/05 filed by Appellant bank is taken on record.

Heard and perused.

Appellant's Counsel submitted that the Appellant has filed above appeal against the impugned order dated 26.03.2024 passed by Id.RO II of this Tribunal in RP No.274/2016 arising out of OA no.235/2015, vide which, Id.RO restrained Appellant bank from taking physical possession of mortgaged property till the disposal of objections filed by Third Party. However, during the pendency of above Appeal, Id.RO has disposed-off the objections filed by Third Party vide his order dated 06.08.2024 and order dated 26.03.2024 has been vacated and a copy of order dated 06.08.2024 has been filed alongwith this affidavit.

He further submitted that in view of order dated 06.08.2024, passed by Id. Recovery Officer II, the present Appeal has become infructuous and the Appellant do not want to continue with the present Appeal and it may be permitted to withdraw it as infructuous and that he has filed withdrawal affidavit Ex.A/ 05 to this effect.

In view of the above submissions of Id. Counsel of Appellant/ Certificate Holder, the above *Appeal deserves to be dismissed and disposed-off as having become infructuous in the light of affidavit Ex.A/05 alongwith interim application, if any, with no order as to cost.*

*Interim order, if any, stands vacated.*

*Order accordingly.*

File be consigned to records.

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

22.10.2024