B D AGGARWAL AND SONS LTD Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) FIRST respondent-State Bank of India (hereinafter referred to as 'the respondent-Bank) filed O.A. 121/98 before the Debts Recovery Tribunal, Jaipur against the appellant/1st defendant-company (hereinafter referred to as 'the Appellant/defendant') and the respondents 2 to 12 herein. This O.A. was subsequently transferred to Debts Recovery Tribunal, Chandigarh (hereinafter referred to as 'the DRT') and taken on its file as O.A. 915/2001.

(2.) The appellant/defendant filed a written statement dated 21.12.98 to the said O.A. The appellant defendant urged, among other things, that the respondent-Bank had assured to enhance the limit of the facilities granted to the appellant/defendant to Rs. 19 crores since the appellant/defendant had entered into various MoUs and agreements, but did not allow the appellant/defendant to enjoy the enhanced limit and, therefore, the appellant/defendant had suffered loss. The appellant/defendant pleaded in the written statement that it is reserving its right to file a separate suit for damages against the respondent-Bank.

(3.) IT is on these, among other, allegations that the appellant/defendant wanted to amend the written statement to take the plea of set-off and the counter-claim. The respondent-Bank filed a reply opposing the application, and urged that the claim for set-off/counter-claim could be made only along with written statement, whereas, the averments have been made with regard to happenings after the filing of the written statement and, therefore, cannot be allowed.