Tribunals and CommissionsSingle Bench(2023) 06 DRAT CK 0017

M/s Gupta Cold Drinks Agency vs Baroda Uttar Pradesh Gramin Bank

Debts Recovery Appellate Tribunal · Decided on 14 June 2023

HON’BLE JUDGES
R. D. Khare, Chairperson
RESULT
Dismissed
CASE NUMBER
Appeal Dy. No. 733 Of 2023

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Judgment

4 paragraphs · 228 words

Heard the learned counsels for the parties.

Learned counsel for the appellant has moved an urgency application being I.A. No. 464/2023, praying that the matter may be taken up as the auction of the property in question is scheduled to be held on 14.06.2023. The urgency application was placed before me on 13.06.2023. I had directed the registry of this Appellate Tribunal that if the notice with regard to the urgency as well as the proceedings, which are required to be taken up, is served upon the respondent-bank, the matter will be heard on 14.06.2021 so that the respondent-Bank may obtain instruction and appear before this Appellate Tribunal to rebut the claim of the appellant, if any, regarding urgency or otherwise.

Today when the matter was taken up, the learned counsel for the respondent-Bank had appeared and stated that no bid has been received from any bidder pursuant to the sale notice dated 10.05.2023. Therefore, the present appeal has become infructuous, hence the same may be dismissed as having become infructuous.

Since the only relief claimed by the appellant in the present appeal is with regard to the auction sale dated 14.06.2023 and as per submission of the learned counsel for the respondent-Bank, no bid has been received, as there remains nothing to be adjudicated in the case, therefore, the present appeal is dismissed as having become infructuous.