2021 (7) TMI 1329 - Tri - Insolvency and Bankruptcy

Tribunal grants reply collection, sets deadlines for responses and rejoinders.

The Tribunal in IA No.368/2020 allowed the Senior Counsel to collect the second respondent's reply from the Registry and file a rejoinder if necessary. ... Principles of natural justice - applicant submits that though reply from the first respondent has been received but the reply of second respondent has not been served on her till date - HELD THAT:- Since the same is available in the Registry of Chandigarh Bench filed vide Diary No.00019/12 dated 22.02.2021, learned Senior Counsel for the applicant in the CA is permitted to collect a copy of the same from Registry - List IA No.368/2020 on 30.09.2021. Issues Involved:1. Service of replies from respondents in IA No.368/2020.2. Filing of rejoinder and replies in IA No.368/2020.3. Listing of IA No.368/2020 and IA No.555/2020 on 30.09.2021.4. Completeness of pleadings in IA No.555/2020.5. Admission of IA No.79/2021.6. Service of notice to respondents in IA No.79/2021.7. Mode of substitute service and advertisement of notice in IA No.79/2021.8. Timelines for filing affidavits, replies, and rejoinders in IA No.79/2021.9. Listing of IA No.79/2021 on 25.10.2021.Analysis:1. In IA No.368/2020, the Senior Counsel for the applicant highlighted that while a reply from the first respondent had been received, the reply from the second respondent had not been served yet. The Tribunal allowed the Senior Counsel to collect a copy of the second respondent's reply from the Registry, which was filed on a specific date. The Senior Counsel was also permitted to file a rejoinder, if necessary, to the received replies. Other respondents were directed to file their replies within two weeks from the date of the order, with a provision for rejoinder within one week from the receipt of the reply, ensuring copies were exchanged between the parties. The Tribunal scheduled the listing of IA No.368/2020 for 30.09.2021.2. Additionally, in IA No.555/2020, the counsel for the applicant confirmed the completeness of the pleadings. As this IA was interconnected with IA No.368/2020, the Tribunal decided to list IA No.555/2020 on the same date, i.e., 30.09.2021, for further proceedings.3. Moving to IA No.79/2021, the authorized representative for the Liquidator was heard. The Tribunal ordered the issuance of a notice to the respondents to justify why the application should not be admitted. The applicant was directed to promptly collect the notice from the Registry and dispatch it via speed post to the respondents, attaching a copy of the application, the entire paper book, and a copy of the order. In case of non-delivery through speed post, the applicant was instructed to opt for substitute service and advertise the notice in two newspapers with wide circulation. The applicant was required to submit an affidavit of service supported by relevant documents within three weeks. Respondents were given three weeks to file their replies and two weeks for rejoinder, with copies to be exchanged. IA No.79/2021 was scheduled for listing on 25.10.2021.This detailed analysis covers the various issues addressed in the Tribunal's judgment, providing a comprehensive overview of the proceedings and directives issued for each specific matter.