Debts Recovery Tribunals and Appellate Tribunals
ANKIT SHIRISHBHAI MEHTA vs STATE BANK OF INDIA on 18 November 2024
Exh-9
**IN THE DEBTS RECOVERY TRIBUNAL-II AT AHMEDABAD**
(Anil Kumar Gupta, Presiding Officer, I/c.)
M.A. No. 41 of 2022
Date of Filing : 17.11.2022
Date of Decision : 18.11.2024
Item No.77
**ANKIT SHIRISHBHAI MEHTA**
.....Applicant
Versus
**STATE BANK OF INDIA**
....Respondent
Present:
None present for Applicant, when matter was called out.
Mr. Bijju Nair, Ld. Counsel for Respondent bank (Through virtual hearing)
ORDER
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1. 1. Heard and perused.
2. 2. Ld. Counsel for Respondent Bank submitted that the Applicant had filed the present MA, seeking necessary direction against the Respondent Bank for release of charge of mortgage over the disputed properties and to issue 'No dues Certificate' in favour of the Applicant, in view of settlement arrived at between the parties in connected S.A. No.274 of 2021, which has been disposed of by this Tribunal vide order dated 02.08.2022.
3. 3. Ld. Counsel for Respondent Bank submitted that the subject matter of dispute involved in present MA in S.A. No.274/2021, has been settled between the parties, since the Applicant has fully liquidated the outstanding dues in his loan account and subsequently, the subject loan account has been closed and the mortgaged properties has also been released. Further that, the Respondent Bank has also issued 'No dues Certificate' dated 11.01.2023 in favour of the Applicant. Moreover, the connected O.A. No.18/2020 has also been disposed off by this Tribunal vide order dated 06.06.2023. Ld. Counsel for Respondent Bank has also filed a purshis Ex.R/8 to this effect and submitted that the present matter may also be disposed of.
4. 4. It appears from the perusal of file and purshis Ex.R/ 8 that the loan account involved in connected S.A. No.274/2021 and connected O.A. No.18/2020 has already been fully liquidated by the Applicant and further, 'No dues Certificate' has also been issued by the Respondent Bank and thus, nothing remains in the aforesaid MA.
5. 5. Further, it also appears from the file that the Applicant has not been appearing before this Tribunal after filing the present MA and after 05.01.2023, he is not attending the matter, which shows that the Applicant himself is not interested to prosecute the above MA.
6. 6. In view of the above submissions of Ld. Counsel for Respondent Bank and more particularly looking to the contents of purshis Ex.R/8 so filed by the Respondent 2M.A. No.41 of 2022
Bank, the above matter becomes infructuous and accordingly, *the above MA No.41/2022(Diary no.2182/2022) deserves to be disposed-off and dismissed as having become infructuous as also due to non-appearance of Applicant, with no order as to cost.*
1. 7. All the pending IAs, if any, deserves to be disposed-off accordingly.
*Order accordingly.*
File be consigned to records.
(ANIL KUMAR GUPTA) PRESIDING OFFICER, I/c. DRT-II, AHMEDABAD 18.11.2024
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