191090007612023_9b3a0949c21ef38a036a4186373c2c3d.pdf

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
         Misc. Appeal Dy. No. 761 of 2023
(Arising out of S.A. No. 202 of 2021 in DRT-III, Kolkata)
THE HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA
             CHAIRPERSON
06.03.2024
Ananta Sadhukhan
... Appellant
       -Vs- 
A.O. Central Bank of India & Anr.
……Respondents
Ms. Pampa Dey Dhabal, Learned
Counsel   for the Appellant
Ms. Tutul Das Singh, Learned Counsel  for the Respondent
THE APPELLATE TRIBUNAL :    
         
Heard the Learned Counsel for the parties and perused 
the record.  At the very outset Learned Counsel for the 
Respondent submits that the Appeal has become infructuous 
as after passing of the impugned order dated 21.09.2023     
auction has taken place.  
Sale is confirmed and sale 
certificate is issued.  Learned Counsel for the Appellant 
submits that she has challenged the sale notice.  
Since the impugned order was not stayed and the 
Respondent had already proceeded with the auction sale, 
hence appeal has become infructuous and is liable to be 
dismissed as infructuous. Appeal is dismissed as infructuous.   
However, Appellant would be at liberty to raise all the pleas 
before the Learned DRT in accordance with law.  
Pending I.A.s if any, are disposed of accordingly.  
Interim order, if any,  stands vacated.

2
Copy of the order be supplied to the Appellant and the 
Respondent and the copy be also forwarded to the 
concerned DRT.
File be consigned to Record Room.
Order dictated, signed, dated and pronounced in open Court  
today.
              
                                                   (Anil Kumar Srivastava,J)
                   Chairperson 
Dated  6th  March, 2024
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