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Showing posts with the label nature of suit

If nature of suit unchanged, amendment application to be allowed

High Court of Bombay HDFC BANK LTD. v. ASHAPURA MINECHEM LTD. Amendment application should be normally granted unless by virtue of amendment, nature of suit changed or prejudice caused to Defendant Petitioner is objecting to the Order passed by Chairperson of Debt Recovery Appellate Tribunal rejecting appeal preferred by Petitioner-original applicant challenging the Order passed by the Debut Recovery Tribunal rejecting application seeking leave to amend the pleadings. Application tendered by the original applicant has been turned down by the Debt Recovery Tribunal by Order dated 6 October 2016, mainly on the ground that the proposed amendment under which the recovery of additional amount is claimed does not relate back to the date of presentation of original-application. Adverse order passed by Debt Recovery Tribunal was subject matter before Appellate Court where appeal has also been rejected. It is the case of Petitioner that, proposed amendment thus relates to the sub...