INDIAN OVERSEAS BANK vs M/S. SCASA Nutrients Pvt. Ltd. on 16 October 2026

1. The appellant/Indian Overseas Bank filed O.A. bearing no.1424/2022 titled **as Indian Overseas Bank V. M/s Scasa Nutrients Private Limited and others** which is stated to be pending before DRT-III, Chandigarh. The respondents also preferred counter claim bearing no.02/2025 in O.A. bearing no.1424/2022.

2. The appellant filed an application bearing diary no.2155/2025 dated 29.12.2025 under Section 19(25) & 22 of the RDB Act, 1993 for seeking extension of time for filing reply/Written Statement.

3. DRT-III, Chandigarh vide impugned order dated 05.01.2026 has closed the opportunity to file Written Statement by the appellant to the counter claim preferred by the respondents. The order dated 05.01.2026 is reproduced as under:

**Ms. Deepshikha Gupta, Advocate appeared through Video Conferencing and submitted that complete set of paper book was supplied and received by learned counsel for defendant on 28.10.2025 but no WS has been filed even after stipulated period.**

**Sh. R.K. Bansal, Advocate submitted that due to lackness on the part of bank WS could not be filed till date.**

**This is no ground for non-filing of WS within stipulated period or even after expiry of stipulated period i.e.in more than two months.**

**Therefore, opportunity to file WS by defendant stands closed and defense was struck of.**

**Put up on 30.01.2026 for arguments.**

4. Ms. Akansha Rathore, Advocate for the appellant stated that DRT-III, Chandigarh in the impugned order dated 05.01.2026 has not considered the application filed vide diary no.2155/2025 dated 29.12.2025 and as such the order dated 05.01.2026 was passed without giving any opportunity of being heard to the appellant. It is further stated that DRT-III, Chandigarh should have at least referred the application bearing diary no.2155/2025 dated 29.12.2025 in the impugned order dated 05.01.2026.

5. Ms. Deepshikha Gupta, Advocate for the respondents stated that the appellant has already filed application bearing I.A. No.182/2026 for taking on record Written Statement and the counter claim as reflected from the order dated 30.01.2026. It is further stated that the application bearing I.A. No.182/2026 is still pending for adjudication and is listed on 19.10.2026 before DRT-III, Chandigarh.

6. In view of the submissions made hereinabove by the respective counsels for the parties, the present appeal is disposed of with the direction to DRT-III, Chandigarh to consider the application filed vide diary no.2155/2025 dated 29.12.2025 and application bearing I.A. no.182/2026 preferred by the appellant in accordance with law preferably on the next date of hearing on 19.10.2026 or any other date but not later than three weeks.

----- **(Dr. Justice Sudhir Kumar Jain)** **Chairperson**

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