Appellant challenged the dismissal of its application to amend a written statement in an Original Application, arguing that the delay attributed by the lower court was unjustified as the amendment did not alter the existing defence.
Application for amendment of the written statement was allowed; disposal of the Original Application to be expedited.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
Misc. Appeal No. 193/2009
Between
Bank of India … Appellant/s
V/s.
State Bank of India & Ors.
…Respondent/s
Ms Amita Dutta, i/b Mr Atul Patkar, Advocate for Appellant.
-: Order dated: 28/03/2023:-
The Appellant impugns the order dated 25/08/2008 in Exhibit 65 in Original Application (O.A.) No. 826 of 2001 on the files of the Debts Recovery Tribunal-I, Mumbai (D.R.T.) dismissing the application filed as Exhibit 65 for amendment of the written statement filed by the Appellant as defendant No. 4 in the O.A. The Ld. Presiding Officer dismissed the application mainly on the ground of delay in filing this application for amendment of the written statement.
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Resultantly, the appeal is allowed and the application filed as Ext. 65 for amendment of the written statement filed by the Appellant in O.A. 826 of 2001, is allowed. The amendment shall be carried out within two weeks of receipt of this order by the D.R.T. The disposal of the O.A. shall be expedited.
Sd/Chairperson
mks-2
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2 issues framed by the court
Whether the delay in seeking amendment of the written statement justified the order of dismissal.
Whether the amendment sought was consequential and of no consequence to the existing defence.
Bank of India
State Bank of India & Ors.
Ashok Menon
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
