Allowed

Ms Best Agro Foods Pvr Ltd. v. Rajkot Nagrik Sahakari Bank Limited

DRAT29 Jul 2022

Case brief

AI extract

What is this about?

Single-judge tribunal allowed an interim liberty application seeking a delay in filing a reply to an application for waiver of pre-deposit. Court permitted the reply and adjourned the matter for further hearing. S. 18 of SARFAESI Act referenced.

What did the court decide?

IA No. 332/2022 allowed; liberty to file reply in I.A. No.557/2022 granted; matter posted for further hearing.

Ms Best Agro Foods Pvr Ltd. versus Rajkot Nagrik Sahakari… — Banking and Recovery | DRAT (2022)

¶1

BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present : Mr. Justice Ashok Menon, Chairperson

¶2

I.A. No. 332/2022 (Liberty to Reply) In

¶3

Appeal on Diary No. 552/2022

¶4

Between

¶5

M/s. Best Agro Foods Pvt. Ltd. &Ors. … Appellant/s V/s. Rajkot NagrikSahakari Bank Limited …Respondent/s

¶6

Mr. PuneetGogad, Advocate for Appellants.

¶7

Mr. Janak R. Shah, Advocate for Respondent.

¶8

-: Order dated: 29/07/2022:-

¶9

I.A. No. 257/2022 is an application for waiver of pre-deposit filed under Sec. 18 of SARFAESI Act.

¶10

The Respondent Bank did not file any reply on that application and the matter was extensively heard and posted for orders. In the meanwhile, the Respondent Bank has filed I.A. No. 332/2022 seeking to receive their reply on the application for a waiver of deposit.

¶11

The Ld. Counsel appearing for the Appellants has filed a reply to I.A. No. 332/2022 stating that there is no specific prayer made by the Respondent for reopening the hearing and the time fixed for filing of reply is already over and therefore, a reply cannot be received with this belated stage.

¶12

After having heard both sides, I find that this is the Tribunal and it is not bound by the procedure of the C.P.C. in sensostricto . And,

¶13

¶14

therefore, the procedure cannot be interpreted in a pedantic manner wherein the opportunity of filing a reply cannot be declined only for the reason that the matter has already been heard.

¶15

Under the circumstances, I am inclined to allow I.A. No. 332/2022 and a reply filed by the Respondent in I.A. No.557/2022 is permitted to file a reply and the reply filed shall be received on the file. The copy of reply has already been granted to the counsel appearing for the Appellants and the matter shall be posted for further hearing, if any. The rejoinder, if any, shall be filed within a week.

¶16

Post on 29.08.2022 for further hearing.

¶17

Interim order shall continue till then.

¶18

Sd/Chairperson

¶19

mks-2

¶20

Ms Best Agro Foods Pvr Ltd. v. Rajkot Nagrik Sahakari Bank Limited

Case brief

What is this about?

What did the court decide?

Ms Best Agro Foods Pvr Ltd. v. Rajkot Nagrik Sahakari Bank Limited

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

Suhas Abhimanyu Shinde versus the Authorised Office, Muslim Co-Operative Bank

Bank of India versus Ms Everyoung Polymer And Energy Engg Pvt. Ltd.

Shahanaaz Shaikh versus Bank of Baroda

Mr. Manish Ishwarlal Lalwani (Jain & 4 Ors. versus State Bank of India

Mr. Manish Lalwani (Jain) & Ors. versus State Bank of India

Mr. Manish Lalwani (Jain) & Ors. versus State Bank of India