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Judgment
Heard Sh. Pallav Saxena, Advocate for the appellant.
The respondent no.1 M/S Amarnath Vishwanath filed S.A. bearing No.456/2023 titled as M/s Amarnath Vishwanath V. South Indian Bank Limited &others which is stated to be pending before DRT-I, Delhi. The appellant was respondent no.6 before DRT-I, Delhi and claimed to be the auction purchaser of the property. The respondent no.1 filed an amendment application bearing I.A. No.4951/2023 before DRT-I, Delhi which was allowed vide impugned order dated 07.05.2026. DRT-I, Delhi in the impugned order dated 07.05.2026 after referring the judgment titled as Sri Vishnu Steels V. Union Bank of India 2016 SCC OnLine P&H 9181 passed by Punjab & Haryana High Court allowed the amendment application I.A. No.4951/2023 and observed that the said application was formal in nature and no prejudice shall be caused to the Financial Institution and accordingly, the respondent no.1 was permitted to amend the S.A. bearing No.456/2023.
Sh. Pallav Saxena, Advocate for the appellant in argument assailed the impugned order dated 07.05.2026 by arguing that the amendments which are allowed by the impugned order are time-barred and shall cause serious prejudice to the contention of the appellant which is respondent no.1 before DRT-I, Delhi in S.A. bearing No.456/2023. Sh. Pallav Saxena, Advocate during the course of argument also referred the amendment application.
DRT-I, Delhi in the impugned order dated 07.05.2026 has categorically observed that the amendment as sought by the respondent no.1 was formal in nature and shall not be causing any prejudice to the financial institution. The appellant shall be within its right to take all the available pleas and contentions regarding the plea of limitation during the trial of S.A. bearing No.456/2023. There is no merit in the appeal, hence, dismissed. However, the appellant shall be at liberty to take all the pleas and contentions available to him in accordance with law including the plea of limitation with respect to amendments allowed vide impugned order dated 07.05.2026.