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 Respondent Bank to serve copy of the evidence upon Defendants/Appellants and affidavit-of-service be filed. Matter was listed on 19.05.2021. Thereafter, on 08.12.2021 Defendants/Appellants sought time to file counter evidence which was allowed subject to payment of Rs.5