Allowed

Credit Agricole Corporate and Investment Bank Calyon Bank v. Microwave Communications Ltd. & Ors.

DRAT6 Dec 2022MISC APPEAL/59/2022

Case brief

AI extract

What is this about?

The Debt Recovery Appellate Tribunal set aside a non-speaking order of the DRT-II regarding an application for rectification of affidavits and direction to hear the matter afresh and pass a reasoned order.

What did the court decide?

Appeal allowed; impugned order set aside; matter remanded to DRT to hear the application afresh and pass a reasoned order.

Credit Agricole Corporate and Investment Bank Calyon Bank… — Banking and Recovery | DRAT (2022)

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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI

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Misc. Appeal No.59/2022 Arising out of O.A.753/2016 (DRT-II, Delhi)

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Credit Agricole Corporate & Investment Bank Vs

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Microwave Communication Ltd. & Ors.

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06.12.2022 Hon’ble Mr. Justice Brijesh Sethi

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Present: Mr. Rajeeve Mehra, Ld. Sr. Advocate along with Mr. Manish Kumar Jha, Ld. counsel for appellant

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Mr. Rahul Kochar, Ld. counsel for respondents 1, 2 and 5

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None for respondents 3 and 4

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Ms. Shefali Munde, Ld. counsel for respondent no.6

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

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Heard.

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This is an appeal against the order dated 17.03.2022 passed by the learned DRT-II, Delhi, which runs as under:-

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“Due to Covid 19 situation the matter is taken through VC.

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IA no.400/2022 filed by the defendant no.1 & 2 for rectification of the affidavits of the applicants verifying the written statement and for taking the corrected WS on record. IA no.400/2022 is allowed and amended written statement is taken on record.

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Let copy of the amended written statement be supplied to the counsel for the applicant bank with liberty to file rejoinder and/or additional evidence.

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Matter be listed on 18.04.2022 for further proceedings.

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The parties may download the order from the official website which will be treated as a true copy as due to COVID 19 & staff constraints, the certified copies cannot be issued as of now till further orders.

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Sd/(Vimal Gupta) Presiding Officer I/c DRT-II, Delhi”

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Learned counsel for appellant has drawn the attention of this Tribunal to the application, which is dated 27.02.2022, filed by the defendants 1 and 2 (respondents 1 and 2 herein) with the following prayers:-

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-: 2 -

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“[a] To allow the present application for rectification of the Affidavits of the Applicants verifying the Written Statement and to take the same on record.

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[b] To take on record the corrected Written Statement annexed with the present application as Annexure A-2.

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[c] Pass any further orders or directions as this Hon’ble Tribunal may deem fit in the facts and circumstances of the present case.”

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A perusal of the record reveals that a detailed reply was filed by appellant taking preliminary and other objections as well. Both the parties do not dispute the fact that arguments on this application were heard in detail by the learned DRT on 17.03.2022. However, perusal of the order passed reveals that the order does not deal with the contentions raised by the learned counsel for the parties and the learned DRT has passed a nonspeaking order.

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In view of the fact that the impugned order is a non-speaking one, the appeal is allowed in the interest of justice and the impugned order dated 17.03.2022 is set aside. The matter is remanded back to the DRT and learned DRT is directed to hear the application no.400/2022 of defendants 1 and 2 afresh and pass a reasoned order.

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The appeal stands disposed of.

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The parties are directed to appear before the learned DRT on 31.01.2023, the date already fixed.

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(CHAIRPERSON)

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-pk

Credit Agricole Corporate and Investment Bank Calyon Bank v. Microwave Communications Ltd. & Ors.

Case brief

What is this about?

What did the court decide?

Credit Agricole Corporate and Investment Bank Calyon Bank v. Microwave Communications Ltd. & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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