This order allowed an application for clerical amendments to a memo of appeal and directed the respondent to file the reply. The matter was listed for final hearing.
The application for amendment of the appeal was allowed, and the amended appeal was taken on record.
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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Misc. Appeal No.137/2020 Arising out of O.A.No.701/1996 (DRT-I, Delhi)
Indu Jain Vs IFCI Ltd. &Ors.
25.04.2022 Hon’ble Mr. Justice BrijeshSethi
Present: Mr. Ashish Verma, Ld. counsel for the Appellant.
Mr. R.P. Agarwal, Ld. counsel for the Respondent no. 1.
This matter has been taken up by me through Video Conferencing.
I.A. No. 610/2020
Vide this order, I shall dispose of this application bearing on 610/2020 moved by the appellant under Order VI Rule 17 read with Section 151 CPC seeking amendment of the appeal. In the present application, the applicant has sought the following amendments:-
Ld. counsel for the Respondent no. 1 states that the application may be allowed subject to his two objections that the appeal has been filed through
Power of Attorney holder and that proper court fee has not been paid and these objections he will take up at the time of final arguments.
In view of the submissions of Ld. counsel for the respondent no. 1, the application moved by the appellant for amendment of appeal is allowed. Ld. counsel for respondent no. 1 is, however, at liberty to raise the objections at the time of final hearing.
Ld. counsel for the appellant submits that he has already filed Amended Appeal as Annexure-A to the application and the same may be taken on record.
Let the amended appeal be taken on record.
The application stands disposed off.
Ld. counsel for the respondent no. 1 states that he has already filed the reply to the appeal. However, Ld. counsel for the appellant states that he has not received copy of the reply. Ld. counsel for the respondent is directed to supply copy of the reply to the Ld. counsel for the appellant via email today itself.
List the matter for final hearing on 06.09.2022.
(CHAIRPERSON)
-ashok
1 issue framed by the court
Whether an application seeking clerical amendments to the memo of appeal should be allowed despite pending objections regarding power of attorney and court fees.
1 provisions across 1 enactments
Indu Jain
IFCI Ltd.
Brijesh Sethi
Ashok
As recorded by the court registry
11 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
