Allowed

Small Industries Development Bank of India v. M/s Gallium Industries Ltd. and Ors.

DRAT13 Jul 2022MISC APPEAL/66/2020

Case brief

AI extract

What is this about?

Debts Recovery Appellate Tribunal allowed an appeal against a DRT order imposing costs for failure to appear. Citing a Bar resolution preventing members' appearance, the Court reduced the deposit amount to Rs. 25,000 for the Prime Minister Relief Fund and granted an opportunity to exhibit documents.

What did the court decide?

Cost reduced to Rs. 25,000; appellant granted opportunity to exhibit documents; appeal disposed of.

Small Industries Development Bank of India versus M/s Gallium… — Banking and Recovery | DRAT (2022)

¶1

DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI

¶2

Misc. Appeal No.66/2020 Arising out of O.A.No.112/2016 (DRT-III, Delhi)

¶3

Small Industries Development Bank of India Vs M/s Gallium Industries Ltd. &Ors.

¶4

13.07.2022 Hon’ble Mr. Justice BrijeshSethi

¶5

Present: Mr. Rajeev Sagar, Ld. Counsel for appellant

¶6

Mr. Rohit Singha, Ld. Counsel for respondent no. 2

¶7

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

¶8

Vide this order, I shall dispose of an appeal filed by the appellant against the orders dated 09.10.2019 and 12.03.2020 passed by Ld. DRT Delhi-III.

¶9

Vide the order dated 09.102019, the appellant was directed by Ld. DRT to deposit cost of Rs. 1,00,000/- and thereafter allowed to lead the evidence.

¶10

Ld. Counsel for the appellant has, however, submitted that thereafter he had moved an application before the Ld. DRT for review of the order dated 09.10.2019. However, the Ld. DRT, vide its order dated 12.03.2020 had disposed of the application and imposed further cost of Rs. 10,000/-. The total cost, thus, payable by the appellant is Rs. 1,10,000/- now.

¶11

Ld. Counsel for the appellant has prayed for setting aside of the above orders on the ground that on the date when evidence was to be led, the Bar had given a call to the Members to abstain from appearing before the Tribunal and members were being restrained from attending the Court and, therefore, his nonappearance was neither intentional nor deliberate.

¶12

Ld. Counsel for the Respondent has opposed the said application on the ground that respondent had appeared before the court and no one was preventing the advocates from appearing before the Assistant Registrar.

¶13

I have considered the rival submissions. This is a matter which involves recovery of an amount of Rs. 16.77 Crores. It is not in dispute that a resolution was passed by the Bar not to appear before Tribunals. Thus, keeping in mind the facts and circumstances of the case and also in view of the fact that a huge recovery of Rs. 16.77 Crores is to be effected, this Tribunal is of the opinion that it will be in the interest of justice to grant an opportunity to the appellant to exhibit the documents.

¶14

In view of the above, the appeal is allowed. However, the cost in the present case is reduced to Rs. 25,000/- instead of Rs. 1,10,000/- in the interest of justice. Let the cost of Rs. 25,000/- be deposited with “Prime Minister Relief Fund” within a period of six weeks from today. Let the proof of the same be filed before the Ld. DRT-III, Delhi. Let the documents be exhibited positively on the next date of hearing which is 25.10.2022.

¶15

With the above observations, the present appeal along with all pending applications stand disposed of.

¶16

(CHAIRPERSON)

¶17

-ak

Small Industries Development Bank of India v. M/s Gallium Industries Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Small Industries Development Bank of India v. M/s Gallium Industries Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

R H Agro Overseas Pvt. Ltd. and Anr. versus State Bank of India and Ors.

Canara Bank versus Sanjeev Kumar Sharma and Others

State Bank of India versus Anamika Conductors Pvt. Ltd. and Ors.

Edelweiss Arc Ltd. versus Manish Sharma and Ors.

Ms Kapsons Engineers Pvt. Ltd. and Ors. versus Idfc First Bank Ltd. & Anr.

D.C.B. Bank Ltd. versus Hdfc Bank Limited and Ors.