191090109532018_ad39334c4c01651b4c1d084b3a61a6cb.pdf

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appeal No. 201 of 2018)
 (Arising out of OA 303 of 2013  in DRT-1 Hyderabad )
THE HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA
             CHAIRPERSON
22.12.2022
Abhijeet Mawle 
… Appellant
-Vs-
State Bank of India [SARB] & Ors. 
 …  Respondents
None for the appellant. 
Mr. P. K. Mukherjee, learned counsel 
for the respondent.  
THE APPELLATE TRIBUNAL :
 
        None appears for the appellant.  
Mr. P.K.Mukherjee, ld. Counsel 
appears for the respondent. 
Learned counsel for the respondent submits that instant appeal is filed 
against the impugned order dated 01.11.2018 passed in I.A. No. 2154 of 
2018 arising out of O.A. No. 303 of 2013.  Learned counsel further submits 
by furnishing copy of the judgement that O.A. No. 303 of 2013 (State Bank 
of India Vs. Abhijeet Mawle) was allowed by the DRT.  This appeal is 
preferred against the aforesaid interlocutory order dated 01.11.2018 passed 
in O.A. 303 of 2013.  Learned counsel prays that when the O.A. was decided 
by the learned DRT and allowed the application, the interlocutory application
against which instant appeal is preferred is infructuous, as such, appeal is 
also infructuous. 
Having heard the learned counsel for the respondent and perusing 
records I find that O.A. 303 of 2013 has already been decided by the learned 
DRT.  The interlocutory applications arising out of that O.A. is infructuous. 
Hence the appeal has lost its efficacy and is also infructuous.  Accordingly, 
instant appeal is dismissed as infructuous. No costs.       
   
                     (Anil Kumar Srivastava,J)
                   Chairperson
Dated: 22  December, 2022
12/pkb