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Judgment
I.A. No.588/2025
The instant application has been filed by appellants 2 and 3 for withdrawal of the present appeal. It is stated that the appellants are the legal heirs of Late D. N. Aggarwal who was the Director of the borrowing company in liquidation M/s.Triveni Metal Tubes Ltd, respondent no.3 in the present appeal. The present appeal is preferred to impugn the order dated 19.04.2018 passed by DRT-II, Delhi in Appeal filed vide Dy. No.30/2017 against the orders dated 23.08.2017, 24.10.2017 and 20.11.2017 passed by the Recovery Officer in R.C. No.21/2017 in O.A. No.923/1996. The appellant no.1, N.K. Aggarwal already expired on 05.06.2024. It is also stated that the appellant being legal heirs of appellant no.1 already released the assets inherited from Late D.N. Aggarwal in some other proceedings and are now left with no assets that can be recovered from them. DRT-II, Delhi, vide order dated 20.08.2022 also directed that the liability of the appellants is limited to the extent of property inherited by the from the estate of Late D.N. Aggarwal. Thereafter, the Recovery Certificate was also amended vide order dated 04.11.2022 as annexed as Annexure – C along with the application. In these circumstances, the counsel appearing for the surviving appellants 2 and 3 seeks permission to withdraw the appeal.
The counsels for the respondents do not have no objection in case the present appeal is withdrawn.
In view of the fact stated in the application, the present appeal is allowed to be dismissed as withdrawn. Application stands disposed of.