191090008652024_b74bd330df052761799a62170507fe36.pdf

Reportable/Non-Reportable
                                           
      
                                   Misc. Appeal No. 76 of 2024-DRAT-Kolkata
         IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
                             Misc. Appeal No. 76 of 2024
  (Arising out of I.A. 1953 of 2024 in O.A. 1194 of 2016 in DRT- III Kolkata)
     HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA
             CHAIRPERSON
   
1.
M/s EMTA Coal Limited, company incorporated under the Companies 
Act 1956, having its registered Office at EMTA House, 58, Nandalal 
Basu Sarani, P.S. Park Street, Kolkata - 700 071;
2.
Sri Ujjal Kumar Upadhaya,  Managing Director of M/s. EMTA Coal 
Limited, carrying on business at EMTA House, 58, Nandalal Basu 
Sarani, P.S. Park Street, Kolkata - 700 071 and residing at 11, 
Queens Park, P.S- Ballygunge, Kolkata – 700 019. 
       
       … Appellants
       
      -Versus-
HDFC Bank Limited, a Banking Company incorporated and registered under 
the Companies Act, 1956, having its registered office at  HDFC Bank House, 
Senapati Bapat Marg, Lower Parel (West), Mumbai – 400 013 and amongst 
others, having one of its branch offices, inter alia, at 3А, Gurusaday Road, 
P.S Ballygunge, Kolkata - 700 019 and also at Department for Special 
Operations, Jardine House, 1st  
Floor, 4, Clive Row, P.S. Hare Street, 
Kolkata - 700 001. 
      …  Respondent
M/s. Karnataka EMTA Coal Mines Limited, a company incorporated under the 
Companies Act, 1956, having its registered office at Flat No. 104, Marielle 
Apartments, 3 Magrath Road, Bangalore – 560 025.
          …  Proforma Respondent
Counsel for Appellants     
 …   
Mr. Nemani Srinivas
Mr. Ishan Saha
Mr. Tanay Agarwal
Ms. Shristi Sharma
Counsel for Respondent Bank 
         …   
Mr. Jishnu Chowdhury, Learned 
Senior Advocate
Mr. Debabrata Basu Ray
Mr. Deepon Sarkar
Mr. Anumoy Basu
Ms. Diptipriya
JUDGMENT                         
:   
16th April, 2025
THE APPELLATE TRIBUNAL : 
1.
Instant appeal is preferred against order dated 
13.9.2024, 
passed 
by 
Learned 
DRT-III, 
Kolkata, 
in          

2
      
  Misc. Appeal No. 76 of 2024-DRAT-Kolkata
I.A. 1953 of 2024 in O.A. 1194 of 2016 (HDFC Bank Limited               
-vs-    
M/s.   
EMTA   
Coal    
Limited) whereby               
I.A. 1953 of 2024 for amendment of written statement was 
rejected. Feeling aggrieved, Defendants therein preferred 
the appeal.
2.
O.A. 1194 of 2016 was filed by the Secured Creditor 
against Appellants herein for issuance of certificate for an 
amount of Rs.35,23,90,143.50 as on 31.08.2016 together 
with future interest and charges on and from 1.9.2016. 
3.
There are certain admitted facts. O.A. No. 1194 of 
2016 was filed by the Respondent Bank on 24.11.2016. 
Written statement was filed by the Defendants/Appellants on 
15.03.2017. Thereafter, Respondent Bank was required to 
file the evidence which was not filed. It was filed on 
14.02.2020. On 05.04.2021 direction was issued to the 
Respondent Bank to serve copy of the evidence upon 
Defendants/Appellants and affidavit-of-service be filed. 
Matter was listed on 19.05.2021. Thereafter, on 08.12.2021 
Defendants/Appellants sought time to file counter evidence 
which was allowed subject to payment of Rs.50,000.00 as 
costs and matter was listed on 16.12.2021.
                   
4.
Pending proceedings, an order was passed by the 
Learned DRT closing opportunity for filing counter affidavit 
by the Respondents herein. Order was challenged in          
Appeal No. 24 of 2023 before DRAT, Kolkata.  Appeal was 
allowed and right to file counter evidence was allowed 
subject to payment of Rs.2,50,000.00, as costs, vide order 
dated 5.10.2023.  Time upto 9th October, 2023 was allowed 

3
      
  Misc. Appeal No. 76 of 2024-DRAT-Kolkata
to deposit the costs and time upto 12th October, 2023 was 
allowed to file counter evidence. Feeling aggrieved by the 
order, Defendants, in the O.A., preferred C.O. 3742 of 2023 
which was decided by the Hon’b

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