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Judgment
O R D E R
02.12.2024: This appeal has been filed by Ashok Deoram Chaudhari through his Next Friend, namely, Samir Chaudhari (Son). Counsel for the Appellant has submitted that this appeal is filed through next friend because the Appellant Ashok Deoram Choudhari is suffering from Dementia and a certificate in this regard of Puna Hospital Research Centre has been appended with the appeal.
The appeal is directed against the order dated 20.06.2024 by which an application filed under Section 95 of the Code against the Appellant has been admitted.
At the time of preliminary hearing on 29.08.2024, this court had passed the following order:-
“29.08.2024: Learned Counsel for the Appellant submits that the Settlement has been entered between the parties on 30.07.2024 after the impugned order was passed on 26.06.2024 and under the Settlement, about 70% amount has been paid and balance amount has to be paid within 90 days. 2. In view of the above, we are of the view that in the ends of justice be served in directing that no further steps shall be taken in pursuance of the impugned order dated 26.06.2024. 3. Let ‘Notice’ be issued to the Respondents through ‘Speed Post’. Let the requisites together with process fee be filed within three days from today. The Appellant is required to provide the e-mail address of the Respondents and in that mode also, the service can be effected. The Appellant is also required to furnish the Mobile No. of the Respondents to the ‘Office of the Registry’. 4. Let reply be filed within three weeks. 5. List the Appeal on 04.11.2024.”
Today, Counsel for both the parties have submitted that in terms of settlement the entire amount to the Bank has been paid by all the guarantors including the appellant.
Counsel for the Appellant has submitted that in view of the law laid down by the Hon’ble Supreme Court in the case of GLAS Trust Company LLC Versus BYJU Raveendran & Ors. Civil Appeal No. 9986 of 2024, the Appellant has to file an application, in terms of the provisions of the Code before the Tribunal for the approval of the said settlement.
She has thus prayed that she may be allowed to withdraw this appeal. The appeal is thus dismissed as withdrawn.