R.K. Scientific And Chemicals And ... vs Idbi Bank Limited
2024 Latest Caselaw 272 UK

Uttarakhand High Court

R.K. Scientific And Chemicals And ... vs Idbi Bank Limited on 6 March, 2024

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
      THE HON'BLE CHIEF JUSTICE MS. RITU BAHRI
                        AND
      THE HON'BLE JUSTICE SRI RAKESH THAPLIYAL

                           6th March, 2024

         Writ Petition (M/B) No. 61 of 2024

R.K. Scientific and Chemicals and Another         ........Petitioners

                                  Versus

IDBI Bank Limited                                      ........Respondents



Counsel for the petitioners      : Mr. Yogesh Pant, learned counsel


Judgment: (per Ms. Ritu Bahri, C.J.)

      Petitioner      is      aggrieved    of    the    order    dated
19.01.2024, Annexure-1, whereby when his client had
put in appearance for the first time, no opportunity was
given for filing the written statement and their right to
file the written statement was closed.


2.    Counsel for the petitioners says that he will file the
written statement within two weeks from today and on
the first date of hearing itself, his rights to file the
written statement was closed. This Court is of the view
that at least one opportunity or two had to be given to
the learned counsel for the petitioners to file his written
statement.


3.     Order     dated        19.01.2024    is   being     set   aside.
Petitioner can file his written statement till 20.03.2024
before the Debt Recovery Tribunal, Dehradun and
                                    2




thereafter his case will be taken up on merits on a date
fixed by the Debt Recovery Tribunal, itself.


4.         The writ petition is, accordingly, allowed.


5.         Let a certified copy of this order be issued to the
learned counsel for the petitioners today itself as per
rule.


                                       ___________________________
                                                  Ritu Bahri, C.J.

___________________________ Rakesh Thapliyal, J.

Dt: 6th March, 2024 Mahinder