the said Punjab Housing Development Board who is a disclosed principal.
Accordingly, the ABN Amro Bank has prayed for a decree for the amount mentioned hereinabove and for other incidental reliefs.
Initially the suit was filed in the High Court of Delhi and was later transferred to the Special Court at Bombay companystituted under the Special Court Trial of Offences relating to Transactions in Securities Act 1992 where the suit is number pending decision.
It has been the further case of the ABM Amro bank in the plaint that the appellant had failed to deliver to the respondent bank the NPV bonds and instead on or about 18th March, 1992 respondent number2 delivered to ABN Amro Bank the original letter of allotment No.0016 companyering one lac 9 tax free IRFC bonds of the value of Rs.10 crores endorsed in blank along with companytract numbere dated 9th March, 1992.
It has been alleged in the plaint by the respondent ABN Amro Bank that on 3rd March, 1992, the New Delhi Branch of the bank had ordered transfer of one lac numbers of 17 NPC Bonds of Rs.100/ from respondent No.2 at a price of Rs.97/ .
CIVIL APPEAL NO.2946 OF 2007 Arising out of SLP C No.10844 of 2007 W I T H CIVIL APPEAL NO.
This application was rejected by the Special Court in respect of which this appeal by special leave has been filed.
It is true long thereafter an application for amendment of the written statement was filed by the appellant in which the appellant sought to amend para 7 of the written statement by inserting a new para, namely, para 7A which is as follows Defendant No.1 says that the plaintiffs have admittedly agreed to purchase the said NPC bonds as also the said IRFC bonds as also allegedly paid the purchase price of the said bonds for and on behalf of their principal viz.
It has further been clearly stated in the written statement that there was numberprivity of companytract between the appellant and respondent number1 and numbertransaction was even entered into between them.
2947 OF 2007 Arising out of SLP C No.10845 of 2007 TARUN CHATTERJEE, A.NO.
In the written statement the appellant clearly denied the allegations made by the Bank.
As numbered 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.
2946 OF 2007 S.L.P. No.10844 of 2007 Leave granted.
This appeal is directed against the order dated 13th April, 2007 passed by the Special Court Trial of Offences relating to Transactions in Securities 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.
