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Xenitis Infotech Ltd. vs Uco Bank on 6 December, 2022

Bench: Sanjay Kishan Kaul, Abhay S. Oka

                                                              1

     ITEM NO.22                              COURT NO.2                    SECTION XVII

                                S U P R E M E C O U R T O F          I N D I A
                                        RECORD OF PROCEEDINGS

     CIVIL APPEAL Diary No(s). 29935/2022

     (Arising out of impugned final judgment and order dated 24-08-2022
     in CAAT(I)(Insolvency) No. 1090/2020 passed by the National Company
     Law Apellate Tribunal)

     XENITIS INFOTECH LTD.                                                  Petitioner(s)

                                                     VERSUS

     UCO BANK                                                               Respondent(s)

     (IA No.170257/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT   and   IA    No.170258/2022-STAY APPLICATION    and  IA
     No.170256/2022-CONDONATION OF DELAY IN REFILING /      CURING THE
     DEFECTS

     Date : 06-12-2022 This appeal was called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
                         HON'BLE MR. JUSTICE ABHAY S. OKA

     For Petitioner(s)                 Mr. Bharat Sood, Adv.
                                       Mr. P. S. Sudheer, AOR
                                       Mr. Ashesh Chandra Bhattacharjee, Adv.
                                       Mr. Krishnendu Pal, Adv.
                                       Ms. Piyali Das, Adv.

     For Respondent(s)                 Mr. Partha Sil, AOR
                                       Mr. Tavish Bhushan Prasad, Adv.
                                       Ms. Sayani Bhattacharya, Adv.

                          UPON hearing the counsel the Court made the following
                                             O R D E R

Application for exemption from filing impugned judgment is allowed.

Delay condoned.

Learned counsel for the petitioner submits that Digitally signed by ASHA SUNDRIYAL Date: 2022.12.09 17:01:46 IST Reason: the letter subsequently brought on record which has been used to bring the claim prima facie within  2 limitation is after the debt had become time barred.

Issue notice.

Learned counsel for the respondent accepts notice.

Counter affidavit be filed within four weeks. Rejoinder affidavit be filed within two weeks thereafter.

List after eight weeks on a Tuesday. The National Company Law Tribunal would stay its hands in the meantime.

(ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)