INDO IRISH FOOD LTD. Vs. CENTRAL BANK OF INDIA
DEBTS RECOVERY APPELLATE TRIBUNAL
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R.S. Tripathi, J. (Chairperson) -
(1.) THIS appeal has been preferred by appellant Indo Irish Foods Ltd., against an order dated 5th October, 2006 passed by learned Presiding Officer, D.R.T., Jabalpur in Original Application No. 129/2002 rejecting the application for the amendment in the written statement.
(2.) BY moving an amendment application the appellant prayed before D.R.T., Jabalpur in Original Application No. 129 of 2002 for addition of paras 68 to 109 after the para 62 and addition in paras 43 to 46, 50 to 56, 58 and 59 of the written statement on the ground that these defences could not be taken at the initial stage when the written statement was filed. He contended that these were necessary for the just decision of the case, hence, amendment should be allowed. Written objection was filed by the bank against above amendment. According to the bank the case was fixed for final hearing and with a view to delay the proceedings, firstly the appellant took time for settlement but never came forward sincerely for settlement, secondly, the amendment was voluminous as well as unnecessary and repetition of the earlier pleadings contained in the written statement. The learned Presiding Officer, D.R.T., Jabalpur rejected the application for the amendment by passing the impugned order. Hence, this appeal.
(3.) THE learned Counsel for the appellant at the very outset has argued that the learned Presiding Officer, D.R.T., Jabalpur has wrongly observed that all the defences which were taken at the initial stage in the written statement were being reiterated and that there was absolute elaboration in detail of the pleadings which were not placed in the earlier written statement. It is also argued that there is no delay on the part of the appellant in seeking amendment in written statement and that the amendment sought was necessary for just decision of the case.;
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