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The Ooty Mills Private Limited vs Central Bank Of India Limited

National Company Law Appellate Tribunal4 July 2025Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Adjudicating Authority, having granted time to file a reply and the party having failed to file within the time previously allowed, is entitled to impose costs as a condition while granting any further extension of time. Costs imposed as a condition of granting further time must be proportionate to the default and the circumstances, and where a cost of Rs.1 lakh is disproportionate to the minimal delay sought, it may be reduced to Rs.10,000.

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) (Insolvency) No. 943 of 2025& I.A. No. 3665 of 2025

IN THE MATTER OF: Aswinikrishnaa Textile Pvt. Ltd. ...Appellant

Versus

Central Bank of India Ltd. & Ors. ...Respondents

Present: For Appellant: Mr. Prakhar Tandon, Mr. G. Sai Krishna Kumar, Ms. Ravleen Sabharwal, Advocates. For Respondents: Mr. Asav Rajan, Mr. Kashish Chadha, Mr. Akash Saxena, Mr. Devang Shrotriya, Mr. Aditya Shah, Advocates for R-1.

With

Company Appeal (AT) (Insolvency) No. 945 of 2025 & I.A. No. 3670 of 2025

IN THE MATTER OF: The Ooty Mills Pvt. Ltd. ...Appellant

Versus

Central Bank of India Ltd. & Ors. ...Respondents

Present: For Appellant: Mr. Prakhar Tandon, Mr. G. Sai Krishna Kumar, Ms. Ravleen Sabharwal, Advocates. For Respondents: Mr. Asav Rajan, Mr. Kashish Chadha, Mr. Akash Saxena, Mr. Devang Shrotriya, Mr. Aditya Shah, Advocates for R-1.

ORDER

(Hybrid Mode)

04.07.2025: Sufficient cause has been shown to condone delay in

refiling the appeals. Refiling delay is condoned. I.A. No.3665 of 2025 and I.A.

No.3670 of 2025 are disposed of.

Cont'd..../ 2

2. These two appeals have been filed against the orders dated 09.05.2025

passed in C.P. (IB)/201(MB)2025 and C.P. (IB)/213(MB)2025. The Appeal

having been filed by the Corporate Debtor challenging the only part of the

order dated 09.05.2025 by which cost has been imposed while granting

extension of one day for filing the Reply.

3. Learned counsel for the Appellant submits that 7 days' time was earlier

granted and Appellant sought only one-day time to file reply, on which cost of

Rs.1 Lakh was imposed while allowing time to file reply.

4. Appellant having not filed the Reply within the time allowed by the

Court the Adjudicating Authority was entitled to impose cost while granting

any further time. However, we are of the view that cost of Rs.1 Lakh imposed

by the impugned order deserves to be reduced to Rs.10,000/- each.

Impugned order is modified to be above extent. Appellant is granted seven

days' time to deposit the cost and to file reply on record. Appeals are disposed

of accordingly.

[Justice Ashok Bhushan] Chairperson

[Justice N Seshasayee] Member (Judicial)

[Arun Baroka] Member (Technical) Archana/md

Company Appeal (AT) (Ins.) No.943 and 945 of 2025

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