Rashmi Realty Builders Private Limited vs Union Bank Of India Limited
- CitationCompany Appeal (AT) (Insolvency) No. 236 of 2026
Ratio decidendi
The rule this decision rests on
The Adjudicating Authority did not err in declining to grant the Corporate Debtor further time to file its reply after the time already granted twice, and the closure of the right to reply under the impugned order is upheld on that footing; but the Appellate Tribunal may, in the exercise of its discretion, permit a belated reply to be filed on terms as to costs where the matter is listed for hearing, so as to avoid prejudice to the Corporate Debtor pending the hearing.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Rashmi Realty Builders Pvt. Ltd. ...Appellant
Versus
Union Bank of India ...Respondent
Present: For Appellant : Mr. Abhijeet Sinha, Sr. Advocate with Mr. Anirban Bhattacharya, Mr. Rajeev Chowdhary, Ms. Nitu Mittal, Advocates. For Respondent : Mr. Ayman Khan, Advocate.
ORDER
(Hybrid Mode)
03.02.2026: This appeal has been filed against order dated 13.01.2026
passed by the Adjudicating Authority by which the right to reply of the
Appellant has been closed. Appellant, against whom Section 7 application
has been filed was granted time twice to file reply but reply could not be filed
and an application and Additional Affidavit was filed objecting to the
maintainability of the application. The Adjudicating Authority closed the right
to file reply by the impugned order.
2. Learned counsel for the Appellant submits that the Corporate Debtor is
carrying a real estate project and right of reply ought not to have been closed
and at best certain terms could have been fixed for granting further time.
3. It is submitted that the matter is now listed on 06.02.2026 and
Appellant may be given opportunity to file reply even before the said date
subject to cost.
Cont'd.../
4. We are of the view that the Adjudicating Authority did not commit any
error in not granting any further time to the Appellant. However, in view of
the fact that the matter is fixed for 06.02.2026 for arguments, we permit the
Appellant to file reply after serving a copy on the Applicant i.e. Respondent
herein within 24 hours from today subject to payment of Rs.10,000/- (Rupees
Ten Thousand Only) to the Applicant. The Appeal is disposed of accordingly.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) Archana/md
Company Appeal (AT) (Ins.) No. 236 of 2026 2 of 2
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