Allowed

Deswal Steel Traders v. Union Bank of India

DRAT25 Nov 2022MISC APPEAL/232/2022

Case brief

AI extract

What is this about?

The tribunal set aside the lower order closing the right to file a written statement, condoning the delay imposed by the appellate court with a cost of Rs. 25,000 to the respondent counsel and directed filing within one week.

What did the court decide?

Order dated 09.05.2022 setting aside the closure of right to file written statement; appellant to pay cost of Rs. 25,000 to respondent counsel; written statement to be filed within one week.

Deswal Steel Traders versus Union Bank of India — Contract and Commercial Disputes | DRAT (2022)

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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI

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Misc. Appeal No. 232/2022 Arising out of O.A. No. 479/2019 (DRT-III, Delhi)

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Deswal Steel Traders Vs Union Bank of India

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25.11.2022 Hon’ble Mr. Justice Brijesh Sethi

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Present : Ms. Reena Jain Malhotra, Ld. counsel for appellant

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Mr. Rajiv Kumar, Ld. counsel for respondent bank

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This matter has been taken up by me through Video conferencing.

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Mr. Rajiv Kumar has put in appearance on behalf of the respondent bank today.

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This appeal has been filed against the order dated 09.05.2022 passed by DRT-II, Delhi, declining the request of the appellant for granting more time to file written statement and closing its right to file the same.

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Learned counsel for the appellant submits that on receipt of the summons the appellant had appeared in person before the learned Registrar on 21.09.2019 and had requested for copy of the appeal paper book, but it was not provided to him. Learned counsel further submits that the appellant had, however, thereafter engaged a counsel to represent him who had applied for the certified copy of the paper book and got its copy on 19.02.2020. Learned counsel for the appellant states that the written statement could not be filed in time due to restrictions imposed due to Covid 19 and because of the reason that only urgent matters were being taken up by the DRT-III, Delhi and no effective hearing was taking place. She further submits that when the learned Presiding Officer of DRT-III, Delhi took charge of the DRT and the matter was taken up for effective hearing on 09.05.2022, the appellant sought one week’s time to file the written statement, but it was declined and the right of the appellant to file the same was closed.

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Learned counsel for the respondent, on the other hand, opposes the appeal on the ground that the appellant had sufficient time to file written

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-: 2 :-

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statement but it failed to do so and, therefore, the order passed by the Tribunal closing the right of the appellant to file written statement is a justifiable one,.

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I have considered the rival submissions and am of the opinion that it is in the interest of justice if the O.A. before the DRT is decided on merit and further keeping in view the reasons given by the learned counsel for the appellant, the delay in filing the written statement is condoned by imposing cost. Accordingly, the appeal is allowed and the order dated 09.05.2022 closing the right of the appellant to file written statement is set aside subject to appellant paying to Mr. Rajiv Kumar, learned counsel for the respondent, a cost of Rs.25,000/-. Let the written statement be now filed within one week from the date of receipt of this order and DRT is directed to take the same on record subject to the appellant paying the cost.

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Appeal stands dispose of accordingly.

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File be consigned to record.

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( CHAIRPERSON )

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-pk

Deswal Steel Traders v. Union Bank of India

Case brief

What is this about?

What did the court decide?

Deswal Steel Traders v. Union Bank of India

Case brief

What is this about?

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