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R.M.BORDE, A.S.GADKARI
HDFC Bank Ltd. – Appellant
Versus
Ashapura Minechem Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner: Mr. Zubin Behramkamdin, Senior Counsel a/w Mr. Sahil Saiyed, Mr. Nikhil Apte
i/b Wadia Ghandy & Co.
For the Respondent: Mr. Pradeep Sancheti, Senior Counsel a/w Ms. Savita Nangare and Ms. Pooja Tated i/b ALMT Legal

JUDGMENT (ORAL)

R.M. Borde, J.—Heard.

2. Rule. With the consent of the parties, petition is taken up for final hearing at the admission stage.

3. The petitioner is objecting to the Order passed by the Chairperson of the Debt Recovery Appellate Tribunal rejecting the appeal preferred by the petitioner-original applicant challenging the Order passed by the Debut Recovery Tribunal dated 28.12.2014 rejecting application seeking leave to amend the pleadings. The original-applicant, petitioner herein presented the application bearing No.29 of 2011 to the Debt Recovery Tribunal at Mumbai under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (R.D.D.B.Act) claiming a decree against the respondent-original debtor entitling the applicant to recover a sum of Rs.27,23,33,693.34 together with interest. There are certain other reliefs also claimed in the application which need not be recorded here. During the pendency of the proceedings, the application came to be tendered by the original-applicant seeking leave to amend the original-application. By virtue of the amendment application, applicant seeks to incorporate prayers claiming recovery of arrears i.e. su













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