Rotomac Global Pvt. Ltd. and 3 Ors. v. Allahabad Bank and 2 Ors.

Regular Appeal No. 178/2017 Date: 12.04.2023

Rotomac Global Pvt. Ltd. & Ors. Vs. Allahabad Bank & Ors.

Present: Shri S. K. Gupta, counsel for the appellants, None for the respondents,

Perusal of the earlier order dated 17.12.2018 shows that on that date, the learned counsel for the appellant had submitted that the company has gone into liquidation, therefore, the time was sought for necessary amendment in the pleadings, which as per record has not been done till date. The record further shows that the learned counsel for the respondentBank had sought time to file reply to the waiver application on 18.11.2019, but till date as per office report dated 11.04.2023, no reply has been filed inspite of the past orders last on 14.02.2023. In such facts and circumstances, this court takes a serious view for the callus attitude adopted by the respondent-Bank in not sending the correct instruction and in not filing reply even in the extended time. Hence, let a notice be issued to the General Manager of the respondentBank to appear before this Court in person on the next date fixed to explain the conduct of the Bank and to bring on record as to whether the company has gone under liquidation or not and if yes, what is progress of liquidation of the company before the official liquidator.

List this case on 23.05.2023 for reply.

Justice R. D. Khare Chairperson

Anupam