R.K. Scientific And Chemicals And Another vs IDBI Bank Limited

Ritu Bahri, CJ

Petitioner is aggrieved of the order dated 19.01.2024, Annexure-1, whereby when his client had put in appearance for the first time, no opportunity was given for filing the written statement and their right to file the written statement was closed.

Counsel for the petitioners says that he will file the written statement within two weeks from today and on the first date of hearing itself, his rights to file the written statement was closed. This Court is of the view that at least one opportunity or two had to be given to the learned counsel for the petitioners to file his written statement.

Order dated 19.01.2024 is being set aside. Petitioner can file his written statement till 20.03.2024 before the Debt Recovery Tribunal, Dehradun and thereafter his case will be taken up on merits on a date fixed by the Debt Recovery Tribunal, itself.

The writ petition is, accordingly, allowed.

Let a certified copy of this order be issued to the learned counsel for the petitioners today itself as per rule.