Allowed

Industrial Investment Bank of India Ltd. v. Jammu and Kashmir Bank Limited

DRT3 Apr 2024MA/12/2022

Case brief

AI extract

What is this about?

DRT-I Kolkata allowed an application to set aside ex parte orders and a judgment, holding that the limitation period for filing the application is not barred as time taken to obtain a certified copy is excluded. The ex parte proceedings were declared invalid, and the main application was restored.

What did the court decide?

M.A. 12 of 2022 allowed; ex parte order dated 21/06/2022 and judgment dated 28/09/2022 set aside; O.A. No.123 OF 2007 restored to stage of 21/06/2022.

Industrial Investment Bank of India Ltd. versus Jammu and… — Execution and Attachment | DRT (2024)

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BEFORE THE DEBTS RECOVERY TRIBUNAL-I KOLKATA

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PRESENT: -SHRI AMBUJA MOHAN DAS PRESIDING OFFICER M.A. 12 of 2022 arising out of O.A. No.123 OF 2007

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DATE OF DELIVERY OF ORDER : 3^rd April 2024

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INDUSTRIAL INVESTMENT BANK OF INDIA, LTD., a Government company Section 617 of the Companies Act, 1956 having its registered and corporate office at 19, Netaji Subhas Road, 2^nd Floor, Kolkata -1 under Hare Street Police Station.

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……………….MISC. APPLICANT

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-VERSUS-

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THE JAMMU & KASHMIR BANK LIMITED, a banking company incorporated under the Jammu & Kashmir Companies Act 1977 (SVT) having its registered office at M. A. Road, Srinagar, in the State of Jammu & Kasmir and carrying on business and having branch/office amongst others at G/40, Irwin Road, New Delhi.

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……………………RESPONDENT

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Counsel for the Applicant Bank: - Mr. Soudip Pal Chowdhury, Mr. K. Patra, Ld. Counsels Counsel for the Defendants:- Mr. Aritra Kr. Roy , Ld. Counsel

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J U D G M E N T

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The present Misc. Application is filed by the Industrial Investment Bank Of India Ltd. who is the Defendant Bank in O.A. No.123 OF 2007 against the Jammu & Kashmir Bank Limited under section 22(2)(g) of the RDB Act,1993 for setting aside the exparte order dated 21/06/2022 and judgment dated 28/09/2022.

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It is contended by the Misc. Applicant that as a defendant the Applicant was ready for hearing on 21/06/2022. The matter was in the adjourned list on that date but on the mention of the Applicant Bank i.e. the Jammu & Kashmir Bank Limited, the defendant was

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Rina S.

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declared experte on that date. The defendant was in impression that the matter would be adjourned, on that date but it was taken on the mentioning of the Ld. Advocate for the Applicant Bank and thereafter OA was allowed on exparte on 28/09/2022.

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The Misc. Applicant applied for certified copy of the judgment on 13/10/2022 and received certified copy on 18/11/2022 and filed Misc. Application on 30/11/2022.

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On the above grounds Misc. Applicant prayed for setting

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aside the exparte order dated 21/06/2022 and judgment dated 28/09/2022.

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Ld. Advocate for the O.P. Bank i.e. Jammu & Kashmir Bank Limited has filed objection to the Misc. Application contending that this Misc. Application has been filed beyond the period of limitation i.e. after 60 days of passing of judgment. At the time of hearing of the Misc. Application the O.P. Bank has relied upon the authority of the Hon’ble Supreme Court in Misc. Application No. 1572 of 2021 in Civil Appeal No. 5041 of 2021 in Supertech Ltd. vs Emerald Court Owner Resident Welfare Association and Ors.

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The Misc. Applicant has filed cause list dated 21/06/2022 which shows that OA/123/2007 was in the adjourned list at Serial no. 141. The order dated 21/06/2022 speaks that matter was taken up on the mention of the Ld. Advocate for the Applicant Bank. As the Defendant was not present he was declared exparte and matter was adjourned to 13/07/2022 for hearing and on 13/07/2022 matter was adjourned on 16/08/2022. On 16/08/2022 the matter was heard and order was reserved. Thereafter exparte judgment was delivered on 28/09/2022

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Misc. Applicant has applied certified copy of the judgment on 13/10/2022 after puja vacation and received the copy of judgment on 18/11/2022 and filed application under section 22(2)(g) of the

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Rina S.

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RDB Act,1993 for setting aside the exparte order dated 21/06/2022 and judgment dated 28/09/2022 on 30/11/2022. Limitation to file application to set aside exparte order is 30 days. According to Article 123 of the schedule of the Limitation Act,1963, limitation to file setting aside exparte order is 30 days and it starts from the date of the decree or where the summons or notice was not duly served, when the applicant had knowledge of the decree.

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Section 12 of The Limitation Act, 1963 provides that period of limitation for an application to set aside an award or order, the time requisite for obtaining a copy of the award or order shall be excluded for the purpose of limitation.

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The Applicant has obtained certified copy of the judgment on 18/11/2022, from that date the Misc. Application has been filed within 30 days before this Tribunal. The decision of the Hon’ble Supreme Court cited by the Ld. Advocate for the O.P. Bank is not applicable to this case. Since the Defendants were set exparte on 21/06/2022 when the matter was in the adjourned list, the matter should not be taken for hearing and the Defendants should not be declared exparte. Therefore the exparte order dated 21/06/2022 and exparte judgment dated 28/09/2022 are liable to be set aside. It is ordered as follows:

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O R D E R

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i) M.A. 12 of 2022 arising out of O.A. No.123 OF 2007 is allowed against the Respondent Bank.

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ii) The exparte order dated 21/06/2022 and exparte judgment dated 28/09/2022 are set aside.

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iii) O.A. No.123 OF 2007 is restored to the stage of 21/06/2022.

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Matter be listed on 02/05/2024 for hearing.

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Rina S.

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Copy of the Judgment/Final Order be uploaded in the Tribunal’s website.

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(Dictated to P.S, transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 3^rd April , 2024)

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Place: Kolkata ( Ambuja Mohan Das ) Date: 3^rd April , 2024 Presiding Officer

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Rina S.

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Page No.-	Order Sheet(continuation)
Case No. M	A/12/2022 IIBI Ltd. & Ors. vs. The Jammu & Kashmir Bank Ltd.
O	A/123/2007	Office action
Date of the order	Order with signature	with date and dated signature of parties when necessary
03/04/2024	Present: Counsel for the Applicant Bank: Mr. Soudip Pal Chowdhury, Mr. K. Patra, Ld. Counsels Counsel for the Defendants:- Mr. Aritra Kr. Roy, Ld. Counsel Matter was heard in open Court on this the day of 25/01/2024. The detailed order in four pages annexed separately. The gist of the order is as follows: O R D E R
	i) M.A. 12 of 2022 arising out of O.A. No.123 OF 2007 is allowed against the Respondent Bank.
	ii) The exparte order dated 21/06/2022 and exparte judgment dated 28/09/2022 are set aside.
	iii) O.A. No.123 OF 2007 is restored to the stage of 21/06/2022.
	Matter be listed on 02/05/2024 for hearing. Copy of the Judgment/Final Order be uploaded in the Tribunal’s website. (Dictated to P.S, transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 3^rdApril, 2024)
	Place: Kolkata ( Ambuja Mohan Das ) Date: 3^rdApril , 2024 Presiding Officer

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Rina S.

Industrial Investment Bank of India Ltd. v. Jammu and Kashmir Bank Limited

Case brief

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Industrial Investment Bank of India Ltd. v. Jammu and Kashmir Bank Limited

Case brief

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