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. 01/2022(Amendment)
And I.A. No. 02/2022(Court Fee)
In
Appeal No. 176/2011
Between M/s Mahavir Metal Mart &Ors. … Appellant/s V/s. Indian Bank & Ors. …Respondent/s
Mr Prashant J. Pandit, Mr Jay Pandit, Advocate for Appellants. Mr Akbar Rizvi, i/b M/s AKS Legal Consultants, Advocate for Respondent No. 2.
-: Order dated: 17/01/2024:-
The I.A. No. 01/2022 which is an application for amendment
of the counterclaim and written statement filed by the Appellants. The application was once allowed by this Tribunal after hearing both sides but later on, it was seen that the original written statement and counterclaim were not before this Tribunal and that the amendment was carried out in the copy which was produced along with the appeal memorandum and hence, the order was recalled and posted for hearing afresh.
The application is heard afresh, and the Appellant has pointed out the pages of the original counter and written statement which require to be amended.
The amendment shall accordingly be carried out within two weeks. The amended copy of the appeal memorandum and written statement shall be served on the opposite side and the Respondent
1
shall be at liberty to file a reply.
I.A. No. 02/2022 is for paying the additional deficit court fees given the amendment that is allowed.
The contentions that the parties are kept open to be decided in the appeal.
Post on 01.02.2024 before Registrar.
Sd/Chairperson
rm-21
2
M/s Mahavir Metal Mart & Ors.
Indian Bank & Ors.
Ashok Menon
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court