Debts Recovery Tribunals and Appellate Tribunals
Shri Mihirkumar H. Jani vs State Bank of India & Anr. on 20 April 2023
**IN THE DEBTS RECOVERY TRIBUNAL-II AT AHMEDABAD
(Laxman Madnani, Presiding Officer)**
M.A.No.26 of 2013
Date of Filing : 07.12.2012
Date of Decision : 20.04.2023
SHRI MIHIRKUMAR HARIPRASAD JANI
.....APPLICANTS
VERSUS
PUNJAB NATIONAL BANK
.....RESPONDENT
Appearance:
Ms.Jolly Shah, Ld. Counsel appeared for the Applicant Mr.A.G.Barot, Ld. Counsel appeared 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 Bank has filed a purshis at Exh.R/07 along with the copy of order passed by Ld. Recovery Officer has passed order dated 06.04.2023 in connected R.P.No.11/2017, stating *inter alia* that a connected Recovery Proceedings was pending before the Ld. Recovery Officer, which has been settled between the bank and the borrower for an amount of Rs.13.50 Lakhs and accordingly the said RP has been closed vide order dated 06.04.2023. As such, the present Misc. Application has become infructuous and hence, appropriate order may be passed to dispose of the present Misc. Application.
3. 3. Ld. Counsel for the Applicant submitted that in view of the submissions made by the Ld. Counsel for the Respondent Bank in the purshis so filed at Exh.R/07, the Misc. Application may be disposed of.
4. 4. Considering the submissions made by the Ld. Counsel for the Respondent Bank and Ld. Counsel for the Applicant, no cause of action survives to continue the proceedings of the present M.A. Therefore, in the interest of justice, I am inclined to accept the submission of the parties to dispose of the present M.A. having become infructuous.
5. 5. In view of the aforesaid discussion and without commenting on the merits of the case, present M.A. No.26/2013 stands disposed of as having become infructuous along with all pending applications, if any, with no order as to cost.
6. 6. File be consigned to records.
(LAXMAN MADNANI) PRESIDING OFFICER DRT-II, AHMEDABAD