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2016 Supreme(Del) 4324

INDIRA BANERJEE, V.KAMESWAR RAO
Vishal Hira Merchant Pvt. Ltd. – Appellant
Versus
HDFC Bank – Respondent


Advocates Appeared:
For the Petitioners: Mr. Sanjay Poddar, Ms. Bindu Das
For the Respondents: Mr. Kunal Tandon, Ms. Snigdha Sharma

JUDGMENT :

Indira Banerjee, J.

1. In this writ petition, the petitioners have challenged an order dated 6th October, 2015, passed by the learned Debt Recovery Appellate Tribunal dismissing Appeal No. 373 of 2015, filed by the petitioners, thereby affirming an order dated 6th August, 2015, passed by the learned Debt Recovery Tribunal, dismissing the counter claim filed by the petitioners against the claim of the respondent-Bank only on the ground that the same was barred by limitation.

2. The respondent, HDFC Bank, (hereinafter referred to as HDFC Bank) instituted an original application No.39/2010 against the petitioner in the learned Debt Recovery Tribunal-III Delhi, for recovery of Rs.2,46,55,277.27 along with interest and costs from the petitioners. By an order dated 31st May, 2012, the learned Debt Recovery Tribunal III Delhi, closed the rights of the petitioners to file written statement and directed HDFC Bank to file ex parte evidence. The matter was directed to be listed before the Registrar on 2nd November, 2012, for filing evidence and exhibiting the documents.

3. On or about 6th May, 2014, the petitioners filed an application, praying for leave to file the written statement a



























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