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Judgment
R. D. Khare, Chairperson
Heard the learned counsel for the appellant.
The present appeal has been filed under section 18 of the SARFAESI Act against the final order dated 23.11.2023 passed by the Tribunal below in S.A. No. 161/2022, whereby the securitization application has been dismissed as become infructuous in view of the fact that the respondent-Bank has withdrawn the SARFAESI action taken against the appellant and has informed the Tribunal below that the fresh possession notice has been issued by the respondent-Bank.
It appears that the S.A. was filed by the appellant challenging the possession notice issued by the Bank, but later on, the Bank has withdrawn the said notice, therefore, there remained no cause of action against the appellant, hence the Tribunal below has rightly dismissed the S.A. as having become infructuous. As such, this Tribunal is of the view that no interference is called for by this Tribunal in the order impugned. Thus, the appeal is liable to be dismissed, hence the same is dismissed with no order as to costs.