Debts Recovery Tribunals and Appellate Tribunals

HDFC BANK vs MODERN SERVICE STATION on 27 October 2026

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**DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI**

**Misc. Appeal No. 205/2022

Arising out of OA No. 1151/2017 (DRT-II, Chandigarh)**

**Item No. 19**

**HDFC Bank Limited**

**V**

**M/s Modern Services Station & others**

**27.10.2026 Hon'ble Dr. Justice Sudhir Kumar Jain**

Present: Sh. Sanjeev Pathak, Advocate for appellant through VC

This matter is taken up through Hybrid hearing.

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1. 1. The appellant filed O.A. bearing No. 1151/2017 titled as **HDFC Bank Limited v M/s Modern Services Station & others** which is stated to be pending before DRT-II, Chandigarh. The appellant filed an interim application bearing I.A. No. 353/2020 for seeking amendment in the OA which was contested by the respondents. The DRT-II, Chandigarh vide impugned order dated 15.07.2022 dismissed the application by observing that the proposed amendment shall bring a new case and have been sought after a period 4 years 9 months. The amendments which are proposed to be made were filed after a belated stage. The appellant being aggrieved filed the present appeal.

2. 2. Sh. Sanjeev Pathak, Counsel for the appellant stated that the proposed amendment was procedural in nature and were necessary for the effective adjudication of the O.A. bearing No. 1151/2017. The proposed amendment shall not change the nature of the pleadings and were not likely to cause any prejudice to the case of respondent.

3. 3. None has appeared on behalf of respondents since long despite service.

4. 4. The perusal of the impugned order particularly the middle part reflects that the appellant has sought the formal amendment in the OA which were not intended to change the nature of the pleadings and shall not be causing any prejudice to the respondent. After considering all facts, the order dated 15.07.2022 is set aside and the proposed amendment in terms of I.A. bearing No. 352/2022 are allowed to be incorporated / made in the O.A. bearing No. 1151/2017. The appeal is accordingly allowed. Pending applications, if any, stands disposed of.

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**(Dr. Justice Sudhir Kumar Jain)** **Chairperson**

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