2025 (3) TMI 130

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..... er. It was expected of the NCLAT to correct such an error. Unfortunately, the Appellate Tribunal also fell into the same error. Appeal allowed.
HON'BLE MR. JUSTICE J.B. PARDIWALA And HON'BLE MR. JUSTICE R. MAHADEVAN For the Appellant : Mr. Tushar Mehta, Solicitor General Ms. Surabhi Khattar, Adv. Mr. Madhav Kanoria, Adv. Ms. Neha Shivhare, Adv. Mr. Sriharsh Raj, Adv. Mr. Sumit Attri, Adv For the Respondent : Mr. Anirban Bhattacharya, AOR Mr. Rajeev Chowdhary, Adv. Ms. Priyanka Bhatt, Adv ORDER 1. This Statutory Appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (for short, 'IBC') is at the instance of the appellant - State Bank of India seeking to challenge the order passed by the National Company Law Appe .....

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..... ate Bank of India and Mr. Anirban Bhattacharya, the learned counsel appearing for the respondent - IPCL. 5. We are informed that since the Bank was not permitted to put forward its case as stated in the rejoinder affidavit, the NCLT vide order dated 30.11.2023 rejected the Section 7 application filed by the Bank excepting what was stated by the Corporation in their reply. 6. Rule 42 of the National Company Law Tribunal Rules, 2016 reads thus:- "42. Filing of Rejoinder.- Where the respondent states such additional facts as may be necessary for the just decision of the case, the Bench may allow the petitioner to file a rejoinder to the reply filed by the respondent, with an advance copy to be served upon the respondent." 7. The learned .....

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..... itional documents, it cannot be said that the adjudicating authority committed any illegality or error in permitting the appellant Bank to file additional documents. Needless however, to mention that depending on the facts and circumstances of the case, when there is inordinate delay, the adjudicating authority might, at its discretion, decline the request of an applicant to file additional pleadings and/or documents, and proceed to pass a final order. In our considered view, the decision of the adjudicating authority to entertain and/or to allow the request of the appellant Bank for the filing of additional documents with supporting pleadings, and to consider such documents and pleadings did not call for interference in appeal". (Emphasis .....

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