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If nature of suit unchanged, amendment application to be allowed

IN HDFC BANK LTD. v. ASHAPURA MINECHEM LTD. the matter before the High Court of Bombay was petitioner was 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 subject matter of suit and does not necessarily change character of the same.

The Hon'ble court referring to Mount Mary Enterprises Vs. Jivratna Medi Treat Private Ltd, held that, amendment application should be normally granted unless by virtue of amendment nature of the suit is changed or some prejudice is caused to the defendant. In the instant matter, nature of suit or proceedings pending before Debt Recovery Tribunal does not undergo any change, even if amendment as requested by Petitioner is allowed. Permitting such amendment causes no prejudice to the other side.

Even if it is assumed that proposed amendment if permitted would relate back to date of suit or original application, since defence of limitation is neither raised nor is likely to be defeated in original application, aforesaid objection for consideration of application for amendment of pleadings is of little consequence and does not deserve consideration. It is also permissible for Courts to declare, while permitting amendment of pleadings, that such amendment shall not relate back to date of suit.

Amendment application tendered by Petitioner original applicant ought to be allowed.

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