Debts Recovery Tribunals and Appellate Tribunals
INDIAN OVERSEAS BANK vs CHOKSI ENERGY on 14 August 2023
IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI
(BEFORE HON’BLE PRESIDING OFFICER)
Sr. No.8
INTERLOCUTORY APPLICATION (Exhibit-6)
In
CHAMBER APPEAL
NO.6 of 2023
Indian Overseas Bank
… Appellant
Versus
M/s.
Choksi
Energy
and
Infrastructure Pvt. Ltd. & Ors.
… Respondents
Mr Raj Dani i/b M/s. Thodur Law Associates – Advocates for the appellant.
None for respondents.
Shri Deepak M. Thakkar
Presiding Officer,
14th August 2023.
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ORDER
1. The appellant has filed the Interlocutory Application to set aside the order dated 19th June 2023 passed by the learned Registrar and restore the Original Application for the purpose of registration. His request is accepted. The appellant has also moved I.A. (exhibit-6) seeking the Tribunal’s permission to withdraw the Original Application. The appellant seeks the Tribunal’s permission to withdraw the Original Application as the cause of action is changed and has placed reliance on the order dated 18th January 2023 passed by the Hon’ble Bombay High Court in Writ Petition No.5022 of 2022.
Permission to withdraw is granted. The appellant also requests the Tribunal to refund the court fess as per the Rules.
2. Interlocutory Application (exhibit-6) is allowed with no order as to costs.
Sd/- (Deepak M. Thakkar) Presiding Officer, DRT-2, Mumbai Nidhi
IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI (BEFORE HON’BLE PRESIDING OFFICER) ORDER SHEET
14.08.2023 Sr. No.8 Chamber Appeal No.6 of 2023 classifi -cation No. of Exh. Indian Overseas Bank Vs. M/s. Choksi Energy and Infrastructure Pvt. Ltd. & Ors. Mr Raj Dani i/b M/s. Thodur Law Associates – Advocates for the appellant. None for respondents.
1. The learned counsel for the appellant has presented I.A. (exhibit-6) supported by affidavit (exhibit-7), which is taken on record.
2. Order in I.A. (exhibit-6) passed separately.
3. In view of the order passed in I.A. (exhibit-6), Chamber Appeal No.6 of 2023 stands disposed of with no order as to costs so also Original Application stands disposed of with no costs.
4. The learned Registrar is directed (i) register the O.A. as per the Rules (ii) refund the court fees as per the Rules.
Sd/-
DRT-2, Mumbai Nidhi