Delhi High Court Condones Avantha Holdings’ Delay, Cites Parity with Bank’s Own Late Service

The Delhi High Court condoned a 14-day delay by Avantha Holdings Limited in filing its written statement in recovery proceedings initiated by ICICI Bank before the Debts Recovery Tribunal (DRT).

The Court noted that the bank itself delayed service of summons by nearly a month despite directions for prompt compliance.

It held that similar conduct cannot be judged by different standards and that procedural fairness requires parity.

Observing that the bank faced no adverse consequence for a longer delay, the Court termed this a “special circumstance” under Section 19(5)(i) of the Recovery of Debts and Bankruptcy Act, 1993, set aside the DRAT order, and directed the written statement be taken on record.

[Avantha Holdings Ltd. v. ICICI Bank Ltd.]