TaxTMI 
TaxTMI 
2007 (7) TMI 402
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....urities) at Bombay in Chamber Summons No. 1 of 2007 in Suit No. 3 of 1998 for recovery of Rs. 15,66,66,591 with other incidental reliefs by which the application for amendment of the written statement filed at the instance of the appellant was rejected. 3. Initially the suit was filed in the High Court of Delhi and was later transferred to the Special Court at Bombay constituted under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 where the suit is now pending decision. It has been alleged in the plaint by the respondent ABN Amro Bank that on 3-3-1992, the New Delhi Branch of the bank had ordered transfer of one lakh numbers of 17 per cent NPC Bonds of Rs. 100 from respondent No. 2 at a price of Rs....
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....tiff on behalf of its principal. In the circumstances defendant No. 1 submits that the suit is not maintainable and is liable to be dismissed with costs." 4. As noted herein earlier it is this prayer for amendment of the written statement which was rejected by the Special Court by the impugned order which is now under challenge in this appeal by special leave. 5. We have heard Mr. Rohit Kapadia, learned senior counsel appearing for the appellant and Mr. S. Ganesh, learned senior counsel for the respondent. We have perused the original written statement as well as the application for amendment of the written statement. After going through the written statement and the application for amendment of the written statement, we are of the vi....
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....he Court cannot go into the question of merit of such amendment. The only question at the time of considering the amendment of the pleadings would be whether such amendment would be necessary for decision of the real controversy between the parties in the suit. From a perusal of the amendment application we find that the appellant in their prayer for amendment has only taken an additional defence that in view of section 230 of the Indian Contract Act, the suit itself is not maintainable. It is well settled, as noted herein earlier, that at the time of considering the prayer for amendment of the written statement it would not be open to the Court to go into the fact whether in fact the suit in view of section 230 of the Indian Contract Act w....
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....ssions made in the affidavit were also to be found in the plaint. 9. The question that arose in this appeal is whether an application of the appellant in a suit for tendering in evidence an affidavit in chief of the plaintiff containing statements which are relevant and germane to the issues involved in the suit can be rejected only on the ground that the affidavit does not contain any admission. As noted herein earlier the suit which has been filed by ABN Amro Bank is a suit for recovery of Rs. 15,66,66,591 and for other incidental reliefs. In the suit the appellant has filed a written statement in which the appellant has clearly denied the allegations made by respondent No. 1. It has further been clearly stated in the written statement....