Tribunal Addresses Delayed Notice, Grants Appellant Time to Reply; Hearing Scheduled for November 30, 2023. The Appellate Tribunal addressed the Appellant's concerns regarding delayed notice receipt and insufficient time to file a reply. The Tribunal decided to ...
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Tribunal Addresses Delayed Notice, Grants Appellant Time to Reply; Hearing Scheduled for November 30, 2023.
The Appellate Tribunal addressed the Appellant's concerns regarding delayed notice receipt and insufficient time to file a reply. The Tribunal decided to keep the Appeal pending, allowing the Appellant to file their reply on 20.11.2023, the reopening day of NCLT, Mumbai. The Bank was permitted to file a rejoinder within a week thereafter. The Adjudicating Authority was requested to schedule a hearing on 30.11.2023. The Appeal was disposed of, with the Appellant required to present a copy of the order on 20.11.2023.
Issues involved: Delay in receiving notice of appeal, Insufficient time for filing reply, Dispute over service of notice.
Delay in receiving notice of appeal: The Appellant claimed that they received the notice of the Appeal on 26.10.2023, making it impossible for them to appear on the same day. However, the Bank disputed this claim, stating that the notice was served in March 2023.
Insufficient time for filing reply: The Appellant expressed that the 2059-page petition required a reasonable amount of time for filing a reply. They argued that the time allowed for reply on 30.10.2023 was insufficient.
Dispute over service of notice: There was a discrepancy regarding the service of notice, with the Appellant asserting they received it on 26.10.2023, while the Bank contended that it was served in March 2023.
The Appellate Tribunal acknowledged the grievances raised by the parties. Considering the circumstances, the Tribunal decided not to entertain the Appeal and keep it pending. The Appellant highlighted the closure of NCLT, Mumbai from 11.11.2023 to 19.11.2023, with a reopening scheduled for 20.11.2023. In light of this, the Tribunal granted liberty to the Appellant to file their reply on the reopening day, i.e., on 20.11.2023. The Bank was also given the opportunity to file its rejoinder within a week thereafter. The Adjudicating Authority was requested to schedule a hearing on 30.11.2023 to decide the matter in accordance with the law.
The Appeal was ultimately disposed of, with the Appellant instructed to produce a copy of the order on the reopening day, i.e., on 20.10.2023.
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