Telangana High Court
Nama Trading vs Incred Financial Services Limited. on 22 November, 2024
THE HONOURABLE SRI JUSTICE SUJOY PAUL
CIVIL REVISION PETITION No.3005 of 2024
ORDER:
Heard Ms.Saleha Begu, learned counsel for the petitioners.
2. The petitioners take exception to the impugned order dated 05.08.2024, whereby, Insolvency Petition (I.P.) of the petitioners was returned. Learned counsel for the petitioners submits that said I.P. petition was previously returned on 03.05.2024. The petitioners again resubmitted it, but, without giving any opportunity of oral hearing to the petitioners, on the strength of judgment of High Court of Andhra Pradesh in Indian Overseas Bank, Brodipet Branch, Guntur v. Popuri Veeraiah 1, the IP is returned. He submits that if the petitioners would have been given an opportunity of oral hearing, they would have been in a position to satisfy the Court that the aforesaid judgment has no application in the instant case. Thus, singular prayer is to set aside the order, dated 05.08.2024, and direct the trial Court to hear the petitioners and then pass order, in accordance with law. 1 2009 0 AIR (AP) 170 2
3. I find substance in the argument of learned counsel for the petitioners and in the fitness of things, it will be proper for the trial Court to hear the petitioners on the aforesaid aspect.
4. Accordingly, the order, dated 05.08.2024, is set aside. The trial Court shall provide an opportunity of hearing to the petitioners and pass a fresh order, in accordance with law.
5. The Civil Revision Petition is disposed of, without expressing any view on the merits and maintainability. No costs.
Interlocutory applications, if any pending, shall also stand closed.
_______________________ JUSTICE SUJOY PAUL 22.11.2024 nvl/sa