:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. APPEAL NO.1363 OF 1996 IN SUMMONS FOR JUDGMENT NO.208 OF 1994 IN SUMMARY SUIT NO.2608 OF 1992 1. Ashwin Kamdar, of Bombay Indian Inhabitant, residing at 601/A, Shanta Ashish, Irla Lane, Opp.Dadabhai Road, Vile Parle, Bombay-400058. 2. Lalit Goswami of Bombay Indian Inhabitant residing at 1014, La Papeyon Apartments 10th Floor, 5A Mount Mary Road, Bandra (West), Bombay 400 050. .. Appellants (Orig.Defendants Nos.3 and 4) v/s. 1. Punjab & Sind Bank, a body corporate incorporated pursuant to the provisions of the Banking Companies (Acquisition & Transfer of Undertakings) Act of 1980 its Head Office at 21, Rajendra Place, New Delhi, and one of its Branch office at International Banking Division, Dilwara Society near Cooperage Telephone Exchange, Nariman Point, Bombay 400 021. 2. Ramesh Khale of Bombay, Indian Inhabitant carrying on business in the name and style of M/s.Ramesh Tredg.Co.. having its office at KL/5/29/15/3E, Kalamboli, Panvel-410 218. 3. Tejinder Singh of Bombay Indian Inhabitant, residing at 21B, Land Breeze, Bandra, Bombay-400 050. 4. Eknath Singhare of Bombay, Indian Inhabitant, having his office at KL/5/29/15/3E, Kalamboli, Panvel-410218. 5. Jayantilal Chhaganlal, :2: of Bombay Indian Inhabitant, residing at 3810, Arvind Niwas, Sandhurst Bridge, Chowpatty, Bombay. .. Respondents (orig.plaintiffs and Org.Defendants Nos.1,2 and 5) None appears for the appellants. Mr.Rajan Jaykar for the respondent No.1. CORAM : R.M. LODHA AND J.P. DEVADHAR, JJ. DATED : 2nd August, 2005 ORAL JUDGMENT (Per R.M.Lodha, J.) None appears for the appellants. Mr.Rajan Jaykar, advocate appears for the respondent No.1-Punjab and Sind Bank. 2. We are informed by the learned counsel for the respondent-bank that Summary Suit No.2608 of 1992 out of which the present appeal arises was transferred to the Debts Recovery Tribunal-II, Mumbai. He further submits that by the judgment delivered on 14th January, 2005, the said suit has been disposed of by the Debts Recovery Tribunal. 3. In view thereof, we find that the appeal has become infructuous. We dispose of the appeal accordingly. No costs. (R.M.LODHA, (R.M.LODHA, (R.M.LODHA, J.) J.) J.) :3: (J.P. (J.P. (J.P. DEVADHAR, J.) DEVADHAR, J.) DEVADHAR, J.)