M/S Aks Electricals & Electronics ... vs M/S Sbi Global Factors Limited
- CitationCompany Appeal (AT) (Ins.) No. 265 of 2026
Ratio decidendi
The rule this decision rests on
The Tribunal reduced a cost imposed for a first adjournment-related default to Rs. 10,000 on the view that the interests of justice so required, having regard to the appellant having first appeared on the first date fixed for it and having sought time to file a reply, with the notice having issued only on the earlier date; the reduction rests on that fact-specific assessment, and no general principle of law is laid down.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: AKS Electricals & Electronics Limited ...Appellant
Versus
SBI Global Factors Ltd. ...Respondent
Present: For Appellant : Mr. Gautam Singhal, Mr. Rajat Chaudhary, Ms. Anjali Maurya, Ms. Suraksha Mandhyan, Ms. Kriti Agrawal, Advocates. For Respondent : Mr. Jitendra Kumar, Advocate.
ORDER
(Hybrid Mode)
19.02.2026: Heard Learned Counsel for the appellant and Learned
Counsel for the respondent.
2. This appeal has been filed by the appellant against an order dated
08.01.2026 by which order Adjudicating Authority while granting one weeks
time to the appellant to file reply has imposed cost of Rs. 70,000/-. Learned
Counsel for the appellant has submitted that earlier the application was
dismissed and notice was issued only on 11.12.2025 and 08.01.2026 was
the first date fixed on which date the appellant appeared and prayed for
time. The notice was already issued on 11.12.2025 granting time to the
appellant to file the reply. On 08.01.2026 the appellant appeared and prayed
for time which has been allowed.
-2-
3. In the fact of the present case, we are of the view that in ends of justice
be served in reducing the cost of Rs. 70,000/- to Rs. 10,000/-. The order
dated 08.01.2026 is modified accordingly. The appeal is disposed of.
4. Learned Counsel for the appellant is directed to deposit the cost of
Rs. 10,000/- in the Prime Minister Relief Fund within a week and after
paying the cost of Rs. 10,000/- the reply which is said to be already filed be
taken on record.
[Justice Ashok Bhushan) Chairperson
[Mr. Indevar Pandey] Member (Technical)
SA/md
Company Appeal (AT) (Ins.) No. 265 of 2026
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