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2024 Supreme(Online)(KER) 48041

HIGH COURT OF KERALA
SOSAMMA ABRAHAM – Appellant
Versus
STATE BANK OF INDIA – Respondent


JUDGMENT

Dated this the 16th day of February, 2024 The petitioner, who is the defendant in T.A.No.1247 of 2016 on the file of the Debts Recovery Tribunal-II, Ernakulam, has filed this OP(DRT) seeking to set aside order dated 14.09.2023 in I.A No.878 of 2023 in TA No.1247 of 2016 on the file of the Debts Recovery Tribunal-II, Ernakulam.

2. By order dated 14.09.2023, the Debts Recovery Tribunal-II, Ernakulam, rejected the petitioner’s application I.A.No.878 of 2023 for amendment of the written statement so as to include a counter claim. The Tribunal found that the written statement was filed in the year 2006 and the additional written statement was filed in the year 2015. The petitioner has filed the application after lapse of several years, without assigning any valid ground for such inordinate delay in filing the counter claim.

3. Counsel appearing for the petitioner would submit that by I.A.No.878 of 2023, the petitioner proposed to include certain counter claims. In fact, the petitioner had earlier approached this Court filing W.P.(C) No.14771 of 2007, which was disposed of on 29.05.2007 as per Ext.P3 judgment. In the said writ petition the petitioner raised her grievance that the r

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