MACKEIL ISPAT AND FORGING LIMITED Vs. STATE BANK OF INDIA
LAWS(CAL)-2019-11-42
HIGH COURT OF CALCUTTA
Decided on November 20,2019

Mackeil Ispat And Forging Limited Appellant
VERSUS
STATE BANK OF INDIA Respondents

JUDGEMENT

Sabyasachi Bhattacharyya, J. - (1.) The present application under Article 227 of the Constitution of India has been preferred against an order passed by the National Company Law Tribunal, Kolkata Bench, refusing leave to the corporate debtor/petitioner the leave to file a supplementary affidavit.
(2.) Learned senior counsel appearing for the petitioner argues that although, by the same order, the financial creditor was permitted to file a rejoinder much beyond the time which was stipulated by the tribunal itself for filing of the same, bias was exhibited in the impugned order by refusing the petitioner to file its supplementary affidavit in the same breath.
(3.) Learned senior counsel for the petitioner argues that, by an order dated June 19, 2019, a photocopy of which has been handed over on behalf of the opposite party itself, the matter was fixed for further consideration on August 14, 2019 but only seven days was granted to the financial creditor to file rejoinder. However, the rejoinder was filed much thereafter. The corporate debtor, by the same order dated June 19, 2019, was granted time to file a reply within seven days as well.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.