The Tribunal allowed the I.A. No. 10/2023 amending the application to implead an additional party. The impleaded party raised objections to adverse averments but consented to impleadment. No reason was found to decline the prayer.
Interim application No. 10/2023 was allowed; the applicant must bring the amendment to record within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
I.A. No. 10/2023 In
Appeal on Dairy No. 1208/2022
Between
M/s. Sunshine B u ilders and Development … Appellant/s V/s. HDFC Bank & O rs. …Respondent/s Ms Priyanka F a dia, along with Mr, K. Shrof f , Advocate for Appellant. Ms Ishwar Nank a ni along with Ms Bhakti Jain, i/b M/s. Nankani & Associates, Adv o cate for Respondent No. 1 & 2.
Mr Sujeet Kurup , Advocate for Official Liquidator. Mr. Nimay Dave , along with Ms. Saloni S and Z. P a tel, Advocate for Respondent No. 5.
-: Order dated: 29/03/2023:-
I.A. No. 1 0 /2023 is for an amendment to br i ng on record the additional party. T he person intended to be implea d ed as a party has raised his objecti o ns regarding the averments made i n the application but he has no objection to being impleaded as a pa r ty. This Tribunal does not find t h at there is any reason for declin i ng the prayer to amend the ap p lication for impleading the party. Hence, the application is all o wed the amendment shall be carri e d out within two weeks.
Post on 20. 0 4.2023 before Registrar.
Sd/Chairperson
rm-28
1
2 issues framed by the court
Whether the Tribunal should allow the amendment of the I.A. to implead an additional party despite the party raising objections to adverse averments.
Whether there is any ground for declining the prayer to amend the application for impleading the additional party.
1 provisions across 1 enactments
M/s. Sunshine Builders and Development
HDFC Bank
Ms Priyanka Fadia
Official Liquidator
Respondent No. 5
Ashok Menon
As recorded by the court registry
11 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
