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DEBT RECOVERY APPELLATE TRIBUNAL
ANIL KUMAR SRIVASTAVA, CHAIRPERSON
M/s EMTA Coal Limited, Sri Ujjal Kumar Upadhaya – Appellant
Versus
HDFC Bank Limited – Respondent
| Table of Content |
|---|
| 1. appeal against drt order. (Para 1 , 2 , 3 , 4) |
| 2. justification for seeking amendments. (Para 6 , 10) |
| 3. legal standards for amendments. (Para 12 , 17 , 21) |
| 4. due diligence and mala fide actions. (Para 15 , 20) |
| 5. final decision of appeal. (Para 22) |
JUDGMENT
: 16th April, 2025
THE APPELLATE TRIBUNAL :
1. Instant appeal is preferred against order dated 13.9.2024, passed by Learned DRT-III, Kolkata, in I.A. 1953 of 2024 in O.A. 1194 of 2016 (HDFC Bank Limited -vs- M/s. EMTA Coal Limited) whereby I.A. 1953 of 2024 for amendment of written statement was rejected. Feeling aggrieved, Defendants therein preferred the appeal.
2. O.A. 1194 of 2016 was filed by the Secured Creditor against Appellants herein for issuance of certificate for an amount of Rs.35,23,90,143.50 as on 31.08.2016 together with future interest and charges on and from 1.9.2016.
3. There are certain admitted facts. O.A. No. 1194 of 2016 was filed by the Respondent Bank on 24.11.2016. Written statement was filed by the Defendants/Appellants on 15.03.2017. Thereafter, Respondent Bank was required to file the evidence which was not filed. It was filed on 14.02.2020. On 05.04.2021 direction was issued to the Respo
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