9911796707
TMI Blog2024 (9) TMI 1423X X X X Extracts X X X X X X X X Extracts X X X X ..... is settled principle that, when the Respondent in a judicial proceedings makes a statement at bar that he does not intend to file the Counter Affidavit to controvert pleading of the appellant, in that eventuality, the pleadings raised by the adversary i.e., the appellant herein would be treated to be admitted and the aforesaid principle has been settled by the Hon'ble High Court of Delhi, in a Judgment as reported in 1993 Volume 25 DRJ230, Naresh Kumar Bansal Vs G.S. Kalra & Ors., wherein Para 3 which is extracted hereunder: - "3. The petition was admitted by this Court on 31st October, 1998. Inspite of the service nobody has come forward on behalf of the respondents to defend the case nor any counter affidavit has been filed. In the abs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the pleadings of appeal and he persisting that, he does not intend to file a Counter Affidavit and that, according to his perception which he maintained throughout in his submission that since the Judgment does not suffer from any apparent error, no Counter Affidavit, would be required to be filed as such requiring to call for any interference, owing to the said plea and for the reasons above, we are constrained to decide the appeal on merits, in the absence of Counter Affidavit which was denied to be filed by the Respondent and to proceed to decide the appeal based on its pleading. The Appellant who happens to be a Suspended Director of M/s. Cema Electric Lighting Products India Private Limited the Corporate Debtor has submitted that, he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efectives based on the order passed by this Hon'ble Tribunal, the Corporate Debtor had assumed the responsibility of aggregating these defectives and has brought it to its warehouses for the Operational Creditor to inspect and thereafter provide credit, which despite the Order dated 30th January, 2024 passed by this Hon'ble Tribunal has not fructified, owing to the Operational Creditor's failure to abide by the directions issued by this Hon'ble Tribunal". The appellant pleads inaction on the part of the Learned Adjudicating Authority. He has submitted that, in the light of the objection filed by him on 14.03.2024, he submitted that unless the Operational Creditor extends his cooperation and complies with the direction of the Tribunal, by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ority was drawing its conclusion for considering the proceedings under Section 9 of the I & B Code, his grievance remains that, the pleading raised on14.03.2024 if it is to be read with the observation made in Para 26 of the impugned Judgment, the Tribunal was apparently conscious of the issue raised by the appellant, in that eventuality, the Tribunal was duty bound, that while drawing its observation as made in the Impugned Judgment it ought to have considered the pleading raised on 14.03.2024 by the appellant, while recording a contrary finding in Para 39 Sub Para (c), observing thereof that, the Corporate Debtor has neither shown any proof of pre-existing dispute nor had denied the existence of debt towards the Operational Creditor, coup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngs who are likely to be affected by any orders, are required to be heard and their pleading are to be considered while passing the order, by the Tribunal and that they have to be given sufficient opportunity during the proceedings to defend, themselves, and that it should not be a mere superficial opportunity to raise their defense but an opportunity, where at the minimum, the defense raised by the party concerned are to considered and in a fair manner by the Tribunal, before drawing any conclusion to the contrary. In the instant case, since in Para 26 of the Impugned Order, NCLT has recorded that it was conscious of the objection raised by the Appellant in the objection, failure to consider the same and to record specific finding on it, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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