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Srs Real Estate Limited vs Canara Bank

National Company Law Appellate Tribunal11 November 2025

Ratio decidendi

The rule this decision rests on

The Tribunal's reasoning rests on the proposition that where an adjudicating authority has granted repeated opportunities to file a reply and the party has not availed of them, the authority's order striking off the right to reply is not vitiated by any error warranting interference in appeal, and the appeal against such an order is liable to dismissal, subject to the liberty to file written submissions within a specified time.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Ins) No. 1709 of 2025 &I.A. No. 6730 of 2025

IN THE MATTER OF: SRS Real Estate Ltd. ...Appellant Versus Canara Bank ...Respondent

Present: For Appellant : Mr. Ganesh Chand Sharma, Advocate.

For Respondent : Mr. Rakshit Gupta, Advocate.

ORDER

(Hybrid Mode)

11.11.2025 : I.A. No. 6730 of 2025

This is an application praying for condonation of 05 days delay in

filing the appeal. We find sufficient cause shown in the application to

condone the delay. Delay condoned.

CA (AT) (Ins) No. 1709 of 2025

This appeal has been filed against the order dated 18.09.2025 by

which order right to reply has been struck off by an Adjudicating Authority.

The Section 7 application was filed in which on 30.04.2025 Adjudicating

Authority issued notice and granted one week's time to file a reply then the

matter was listed on 04.06.2025, when the counsel appeared for the

corporate debtor. The order of 04.06.2025 directed as follows:-

"ORDER A date is requested by learned counsel for the respondent for filing reply. Let the same be filed within two weeks with copy in advance to the counsel opposite. Last opportunity is granted. Rejoinder, thereto, if any, be filed within one week thereafter with copy in advance to the counsel opposite. List on 06.08.2025."

Again on 06.08.2025, Adjudicating Authority granted one week's time

subject to cost of Rs.10,000/- to the appellant. Appellant inspite of the

orders dated 06.08.2025 did not filed a Reply when the matter taken up on

18.09.2025 the following order was passed:-

"ORDER It is submitted by ld. counsel for the respondent- Mr. Nitin Kant Setia that the reply could not be filed as directed in the last order dated 06.09.2025 due to certain constraints. However, it is seen that the last opportunity was given subject to cost of Rs.10,000/-. In view of the repeated non- compliance on the part of the respondent, the right to reply is struck of. List the matter for arguments on 12.11.2025.

Counsel for the appellant submits that he should be allowed one more

opportunity to file a Reply. He submits that due to certain unavoidance

circumstances reply has not been filed. The present is a case where

Adjudicating Authority passed three orders from 30.04.2025 till 06.08.2025

granting opportunity to the corporate debtor to file a reply which has not

been availed of.

We do not find any error in the order of 18.09.2025 of the

Adjudicating Authority saying that right to reply is struck off. We do not find

any error of the order of 18.09.2025 the appeal is dismissed.

Comp. App. (AT) (Ins.) No. 1709 of 2025 2 of 3 We however observe that it shall be open to the appellant to file a

written submission within one week before the Adjudicating Authority.

Ld. Counsel for the Canara Bank has also appeared.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Harleen/MD

Comp. App. (AT) (Ins.) No. 1709 of 2025 3 of 3

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