M/S Magadh Auto Agency And ANR v. Punjab National Bank And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.2 of 2004 ====================================================== M/S Magadh Auto Agency & Anr .... .... Appellant/s

Versus

Punjab National Bank & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. J.P.Sarkar Mr. Abinash Kumar For the Respondent/s : Mr. Mahesh Narayan Parbat Mr. Ved Prakash Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 07-04-2015 Heard learned senior counsel Mr. Sukumar Sinha for the appellants and learned senior counsel Mr. Mahesh Narayan Parbat for the respondent-Punjab National Bank on the Interlocutory Application No.1830 of 2015.

The learned senior counsel Mr. Sinha appearing on behalf of the appellants submitted that he has already deposited the entire dues in the Bank and, therefore, the Bank has also issued 'No Dues Certificate' but a condition has been imposed on the appellants that 'No Dues Certificate' will be effective only if the appeal is withdrawn by the appellants. The letters issued from the Punjab National Bank have been annexed as Annexure-1 & 2. On these grounds the learned senior counsel submitted that he may be permitted to withdraw this first appeal unconditionally.

Patna High Court FA No.2 of 2004 (8) dt.07-04-2015 The learned senior counsel Mr. Parbat appearing on behalf of the respondent-Punjab National Bank has got no objection in view of Annexure-1 & 2 issued by the Bank. In view of the submission of the learned counsel for the appellants, the appellants are permitted to withdraw this first appeal unconditionally. Thus, this first appeal is dismissed as withdrawn.

(Mungeshwar Sahoo, J) Harish/- U