GAC LOGISTICS PVT LTD Vs. AI NAFEES PROTEINS PVT LTD
LAWS(NCLT)-2017-10-183
NATIONAL COMPANY LAW TRIBUNAL
Decided on October 16,2017

Gac Logistics Pvt Ltd Appellant
VERSUS
Ai Nafees Proteins Pvt Ltd Respondents

JUDGEMENT

R Varadharajan, Member - (1.) Learned Counsel for the parties are present. Perusal of the order dated 12.09.2017 shows that the corporate debtor is required to file its reply within a period of two week's with a copy in advance to be given to the learned counsel for the petitioner and a week thereafter was granted for the purpose of the petitioner to file its rejoinder. However, it is brought to the notice of this tribunal that the said order dated 12.09.2017 has not been compiled by the respondent. A plea has been taken by the Learned Counsel for the respondent that since the original copy of the agreement which was directed to be produced by the order was only produced on 12.09.2017 and in the absence of inspection the respondent is not in a position|file the reply within the time specified vide order dated 12.09.2017. The plea taken by respondent is quite strange and specious as copies of these agreements are available alongwith the typed set of documents filed by the petitioner with the petition. Reply could have been filed without prejudice, and subject to the inspection of the original agreement. Since IBC 2016 is time bound process, this Tribunal deemsit fit, for the non compliance of the order dated 12.09.2017, to impose a cost of Rs. 10,000 to be paid by the respondent to Prime Minister Relief Fund within a period of week. The respondent company is directed to file the reply within a period of one week subject to the payment of cost. The petitioner will file its rejoinder, if any, within a period of two week's thereafter. Post the matter on 8th November 2017.;


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