Debts Recovery Tribunals and Appellate Tribunals

HARIKRUSHNA SHAMJIBHAI CHAUHAN vs THE COSMOS CO OPERATIVE BANK LTD on 3 April 2023

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

**(LaxmanMadnani, Presiding Officer)**

**APPEAL No.03 of 2023**

**Date of Filing : 19/12/2022**

**Date of Decision : 03/04/2023**

**HARIKRUSHNA SHAMJIBHAI CHAUHAN**

** .....APPELLANT**

**VERSUS**

**THE COSMOS CO-OPERATIVE BANK LTD. &

ORS.**

** .....RESPONDENTS**

**Appearance:**

Mr. Nishan Majumdar, Ld. Proxy Counsel for Mr. Siddarth Padhiyar, Ld. Counsel for the Appellant.

None present for the Respondents.

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**O R D E R**

1. 1. Today, this matter has come up for hearing on withdrawal affidavit so filed by the Appellant at Exh. A/07

2. 2. Appellant have filed a withdrawal affidavit Ex. A/07, submitting inter alia that the Appellant has filed the present Appeal against the Respondents and the Appellant is a third party and has challenged the impugned order dated 23/11/2022 passed by the Ld. Recovery Officer, DRT-II, Ahmedabad in RP No.400 of 2018. During the pendency of the Appeal, the original borrowers had settled the account with the Respondent Bank.

3. 3. In view of this the Appellant do not desire to proceed further with the matter and as such, Appellant may be permitted to withdraw the present Appeal.

4. 4. Considering the submission made by the Ld. Counsel for the Appellant that the matter has been settled and Appellant intend to withdraw the Appeal, the present Appeal is dismissed as withdrawn.

5. 5. Let the file be consigned to records.

**(LAXMAN MADNANI)** **PRESIDING OFFICER** **DRT-II, AHMEDABAD**

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