Hackbridge Hewittic And Easun Ltd. vs State Bank Of India

The instant Company Appeal (AT) (CH) (Ins) No. 360/2023 Hackbridge Hewittic and Easun Ltd. Vs. State Bank of India, has been preferred by the Appellant as against the Impugned Order dated 24.07.2023 which has been passed by the NCLT, whereby filing of a supplementary counter affidavit by the Appellant who happens to be the opposite party to the proceedings of the Company Petition No. IBA/1178/2019 has been declined to be accepted on record in the absence of the leave being granted by the Tribunal.

The Learned Counsel for the respondent opposes the company appeal on the ground that on account of non-compliance of rule 52 coupled with the fact that the Supplementary Counter runs contrary to the pleading raised in the Principal Counter Affidavit, which had already been filed before the NCLT, the supplementary Counter Affidavit ought not to have been taken on record.

We are of the view, at this stage, that the veracity and the contents of the respective counter affidavits and supplementary affidavits filed by the Appellant is not to be gone into on merit by the NCLT with regards to its admissibility.

The Tribunal which is adjudicating on an issue should not restrain a party to exchange their pleading according to his choice.

Owing to the above, the Appeal would stand allowed. The Impugned Order would stand quashed and the leave for filing the supplementary counter affidavit is granted. The Learned Adjudicating Authority (NCLT) may not be construe from this order, that this Tribunal has addressed upon the propriety or merits of the respective counter and supplementary affidavit filed in the proceedings before it, the same would be decided exclusively on its own merit depending upon the arguments to be extended by the respective counsels for the parties before it. Subject to the above, the Appeal stands allowed. Owing to what has been observed above, it will be construed that this Appeal stands allowed partly only for Relief No.1 only and that Relief No. 2 pertaining to the propriety of withdrawing of the Counter Affidavit filed earlier by the Appellant would stand denied.