M/s ANG Globals & Anr. vs Small Industries Development Bank Of India (SIDBI)

The present appeal is filed to impugn the order dated 12.08.2022 passed in O.A. bearing No.617/2021 titled as Small Industries Development Bank of India V. M/S ANG Globals and others.

The present appeal was order to be dismissed in default vide order dated 11.04.2023. The present application is contested by the respondents by filing reply.

The counsel for the applicant stated that due to technical problem he could not appear when the case was called for hearing by the Bench. The application is supported by one of the affidavit of counsel for the appellant.

After considering all facts, the application bearing MC No.272/2023 is allowed subject to payment of costs of Rs.5,000/- to be deposited with DRAT Bar Association, Delhi in A/c No. 15530110132692 (IFSC: UCBA0001553) maintained with UCO Bank, Delhi High Court Branch, New Delhi.

The application stands disposed of.

The respondent filed O.A. bearing No.617/2021 before DRT-III, Delhi titled as Small Industries Development Bank of India V. M/S ANG Globals and others.

The applicants are stated to be served with the original application on 02.06.2022 but could file written statement with delay of 14 days beyond thirty days. Thereafter, the applicants being the defendants no 1 and 2 filed I.A. No.1284/2022 for seeking condonation of delay of 14 days in filing the written statement.

DRT-III, Delhi vide impugned order dated 12.08.2022 treated the said application as review application and dismissed it on the ground of limitation by holding that the review application has to be filed within a period of 30 days.

Chapter IV of Recovery of Debts and Bankruptcy Act, 1993 deals with the procedure to be followed by the Tribunal. Section 19(1) deals with the filing of application before the Tribunal. Section 19(5)(i) provides that the defendant shall file written statement within a period of thirty days from the date of service of summons. The said provision empowers the Tribunal to extend the said period by a further period not exceeding fifteen days to file the written statement in case of exceptional and special circumstances.

The applicant being the defendants no.1 and 2 in the application bearing I.A. No.1284/2022 has mentioned circumstances which are appearing to be exceptional and beyond the control of applicants who are defendants no.1 and 2.

After considering all facts, the delay of 14 days in filing the written statement beyond thirty days by the applicants/defendants no.1 and 2, is ordered to be condoned and written statement filed on behalf of the appellants being the defendants no.1 and 2, is ordered to be taken on record.

Accordingly, the appeal is allowed. Pending applications, if any, stands disposed of.

The parties are directed to appear before DRT-III, Delhi (now DRT-I, Delhi) on 12.11.2026.