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2019 (2) TMI 1952 - Tri - Insolvency and BankruptcySeeking to permit the Petitioner to produce the order dated 27.03.2017 and recovery certificate - seeking permission to amend the Form No. 1 in the interest of Justice - HELD THAT - The documents as sought to be produced are essential to substantiate the claim of the Bank and they should be permitted to do in the interest of justice. The application is directed to enclose the document and amend as for consequently file amended petition enclosing the documents as material papers immediately.
Issues:
Application for amendment of petition to produce essential documents for substantiating claim in insolvency proceedings. Analysis: The judgment pertains to an application filed by Dena Bank seeking permission to produce certain documents in an insolvency proceeding. The application was made under Rule 11 of the NCLT Rules, 2016, read with Rule 4 of the I&BC(AAA) Rules, 2016. The documents in question were an order dated 27.03.2017 and a recovery certificate dated 25.5.2017 passed by DRT in a specific case. The bank requested to amend Form No. 1 to include these documents in the interest of justice. The Tribunal, comprising Hon'ble Shri Rajeswara Rao Vittanala and Hon'ble Dr. Ashok Kumar Mishra, heard arguments from both parties represented by Shri T.P. Muthanna and Shri Gautham. S. Bharadwaj. The counsel for the bank highlighted that the omission of these documents in the original application was due to inadvertence and requested the Tribunal to allow the application for amendment. Upon considering the submissions of both parties, the Tribunal acknowledged the importance of the documents in substantiating the bank's claim. The Tribunal found merit in the bank's request and deemed it necessary in the interest of justice to permit the production of the documents. Consequently, the Tribunal disposed of the application by directing the bank to enclose the documents and amend the petition promptly. The Registry was also instructed to allow the bank's counsel to make the necessary amendments to the Company Petition. This decision ensures that the essential documents are included to support the bank's claim effectively in the ongoing insolvency proceedings, thereby upholding the principles of justice and fairness in the legal process.
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