Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908; Order 6 Rule 17 r/w Section 151:Contract between Indian firm and foreign firm-Loan taken by Indianfirm from foreign firm against bank guarantee-Enforcing of bank guaranteeby the assignee bank on repudiation of the contract-Denial to encash bankguarantee-Assignee-Bank filing a suit for recovery-Application foramendment of pleading for gelling relief in foreign currency-Amendmentallowed by Debt Recovery Tribunal-Reversed by the High Court-On appeal,Held: Since there has been indication of demand in foreign currency in thePlaint, there lies a claim for recovery in foreign currency-Vagueness in theaverments for such claim and decree in terms of foreign currency could beremoved by amendment of the pleading-Amendment is clarificatory in natureand not for revival of time barred claim-Nature of the suit not changed-Relief not freezed-Hence the application is not mala fide in nature and thusallowed-Effect of absence of certain facts in the averment could be consideredat trial-A suit for decree in foreign currency may not be liable to bedismissed merely on the ground of failure to mention appropriate facts in theaverment-Direction issued-Pleadings-Amendment of pleadings-DebtRecovery Tribunal Procedure Rules, 1987-Rule 7-Recovery of Debt due toBanks and Financial Institutions Act, 1993.Words and Phrases:'Amendment of pleading '-Meaning of in the context of suit for recoveryin foreign currency. |
Judge | Hon'ble Mr. Justice Brijesh Kumar |
Neutral Citation | 2003 INSC 249 |
Petitioner | Punjab National Bank |
Respondent | Indian Bank And Anr. |
SCR | [2003] 3 S.C.R. 836 |
Judgement Date | 2003-04-22 |
Case Number | 7072 |
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