191090109232018_7cfb5e447e716853fe1c12c7f8aba0bc.pdf

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appeal No. 197 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
Abhishek 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 12.10.2018 passed in I.A. No. 2153 of 
2018 and I.A. 1862 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. Abhishek Mawle) was allowed by the 
DRT.  This appeal is preferred against the aforesaid interlocutory order dated 
12.10.2018 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
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