The tribunal allowed an appeal against an order closing the right to file rejoinder and evidence by affidavit. The appellant was permitted to file documents but directed to pay Rs.10,000 as costs to the respondent bank for the nine-month delay.
Appellant permitted to file rejoinder and evidence by affidavit; costs of Rs.10,000 awarded to respondent bank.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Misc. Appeal No. 164/2022 Arising out of S.A. No. 01/2021 (DRT-III, Delhi)
Ashutosh Bajaj Vs Union Bank of India (Andhra Bank)
04.08.2022 Hon’ble Mr. Justice Brijesh Sethi
Present: Mr. Anand Aggarwal, Ld. Counsel for the appellant.
Mr. Rupak Srivastava, Ld. Counsel for the respondent bank.
This matter has been taken by me through Video Conferencing.
Vide this order, I shall dispose of an appeal filed against the order dated 18.07.2022 passed by Ld. PO, DRT-III, Delhi vide which the right of the appellant to file rejoinder and evidence by way of affidavit was closed.
Ld. Counsel for the appellant states that he be allowed to file rejoinder and evidence by way of affidavit so that the matter can be adjudicated effectively. Ld. Counsel for the appellant states that if this appeal is allowed, he will file the rejoinder and evidence by way of affidavit within two weeks.
Ld. Counsel for the respondent bank opposes the appeal on the ground that appellant was given more than nine months time to file the rejoinder and evidence by way of affidavit.
I have considered the rival submissions. For effective adjudication of the matter as well as in the interest of justice, the prayer of the appellant is allowed. He is permitted to file rejoinder and evidence by way of affidavit. However, keeping in mind the fact that appellant has failed to file rejoinder and evidence for about nine months, the appeal is allowed subject to cost of Rs.10,000/- to be paid to the Ld. Counsel for the respondent bank.
Appeal stands disposed of accordingly.
(CHAIRPERSON)
-ak
2 issues framed by the court
Whether the appellant is entitled to file rejoinder and evidence by way of affidavit after a delay of nine months.
Whether costs should be awarded against the appellant for the delay.
Ashutosh Bajaj
Union Bank of India (Andhra Bank)
Brijesh Sethi
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
