The Delhi bench of the National Company Law Appellate Tribunal ( NCLAT ) granted State Bank of India ( SBI ) time to file rejoinder, with Rs. 25,000 cost to be paid to Prime Minister Relief Fund, dismissing remaining directives of Adjudicating Authority ( AA ).
This Appeal has been filed against order dated 04.04.2024 passed by the Adjudicating Authority by which order the Adjudicating Authority while granting further time to file rejoinder imposed cost of Rs.25,000/- and also directed that AGM/concerned Brach Manager to be present before the Bench on the next date of hearing and further directed to forward a copy of the order to the concerned Branch Manager and IBBI.
A request was made on behalf of the Appellant – State Bank of India to allow further time to file Rejoinder Affidavit on which although the Adjudicating Authority allowed time but issued 3 directions:
“(i) Opportunity to file Rejoinder with a cost of Rs.25, 000/- to be paid in favour of the ‘Prime Ministers’ Relief Fund’.
(ii) Petitioner is directed to inform the AGM/concerned Branch Manager to be present before the Bench on the next date of hearing to pursue the case.
(iii) Copy be sent to the concerned Bank Manager and IBBI.”
The two member bench of the tribunal comprising Justice Ashok Bhushan ( Chairperson) and Barun Mitra ( Technical member) concluded that in so far as imposition of cost of Rs.25,000/- for extending time for filing rejoinder, no exception can be taken but we do not find any reason to pass other two directions.
Further viewed that ends of justice be served in disposing of this appeal by maintaining the order of the Adjudicating Authority granting time for filing rejoinder with cost of Rs.25,000/-, however, two other orders are deleted from the order.
The counsel for the Appellant submitted that rejoinder and written submission has already been filed on 19.04.2024. He sought one day time to deposit the cost and the same was allowed. Appeal was disposed of accordingly.
Subscribe Taxscan Premium to view the JudgmentSupport our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates
