Anoop Kumar Wadhera vs Indian Bank

IN THE MATTER OF: Anoop Kumar Wadhera ...Appellants Versus Indian Bank ...Respondents (Erstwhile Allahabad Bank)

Present: For Appellant : Mr. Manish Vashisht Sr. Advocate with Mr. Abhinav Sharma and Mr. Swapan Singhal, Advocates. For Respondents : Mr. Anant Gautam, Mr. Rishi Chauhan, Mr. Azal Aekram and Mr. Aman Gahlot, Advocates for Indian Bank.

ORDER

(Hybrid Mode)

05.01.2026: Heard counsel for the appellant as well as Ld. Counsel

appearing for the bank.

This appeal has been filed against the order dated 15.10.2025 passed

by Adjudicating Authority in IA No. 3676(MB)/2025 filed by the bank seeking

amendment in the company petition. The date of default in the company

petition was 10.03.2019 which was sought to amended as 04.07.2018, which

have been allowed.

Ld. Counsel for the appellant submits that Adjudicating Authority erred

in observing that in the reply filed by the personal guarantor, the notice dated

04.07.2018 was admitted and was not denied. It is submitted that personal

guarantor i.e. appellant never admitted the issuance of notice dated

04.07.2018 nor it was filed along with the reply by the appellant and those observations were incorrect. It is submitted that petition filed by the bank was

barred by time and in the reply to the amendment application appellant has

also not accepted the notice dated 04.07.2018.

Adjudicating Authority after hearing the parties observed that it is open

for the parties to bring additional material on record and on that ground the

application was allowed. In so far as the order allowing the application

permitting the bank to amend the petition; we do not find any error. However,

in view of the submission of the appellant which is supported from the

material that appellant never admitted the issuance of notice dated

04.07.2018, the Adjudicating Authority shall not treat issuance of notice on

04.07.2018 admitted by the appellant and on the question of limitation it

shall be open for the parties to address their submission.

With the above directions, appeal is disposed of.

We make it clear that it shall be open to both the parties to raise all

permissible submissions in accordance with law.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) harleen/MD

2 of 2 Company Appeal (AT) (Ins) No. 2043 of 2025