Debts Recovery Tribunals and Appellate Tribunals
GIRISH KUMAR KANSAL vs UNION BANK OF INDIA on 25 February 2026
M.A. No.119 of 2025
IN THE DEBTS RECOVERY TRIBUNAL, AT LUCKNOW
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Present: Pravas Kumar Singh, Presiding Officer Miscellaneous Application No.119 of 2025
Dated 25.02.2026
- 1. Girish Kumar Kansal S/o Prakash ----- Applicant Kansal R/o House No. W-31/725
Krishna Nagar, Swarg Ashram Road,
Hapur, U.P.-245101; (Borrower)
- 2. Manju Kansal W/o Girish Kumar Kansal R/o House No. W-31/726 Krishna Nagar, Swarg Ashram Road, Hapur, U.P.-245101; (Co-Borrower)
- 3. Vijay Kumar S/o Yeshveer Singh R/o H.
No.244 Village Dadayara Hapur, U.P. –
245101 (Guarantor)
Versus
- 1. Union Bank of India, Main Branch, Garh ----- Respondent Road, National Highway, Hapur, U.P.
through authorized officer.
Ld. Counsel for the Applicant: Shri Shatrughan Upadhyay, Advocate Ld. Counsel for the Respondent: Shri Arvind Kumar Srivastava, Advocate
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**JUDGMENT**
- 1. This Miscellaneous Application has been brought by the applicant for setting aside the order dated 02.07.2024 passed in Securitization Application No.199 of 2023. By the said order. The Securitization Application was dismissed for default due to non-prosecution. This Miscellaneous Application has been brought on 26.09.2025 after a period of **14 months**.
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1. 2. It is stated that this Securitization Application was put up before the Tribunal on 02.07.2024, wherein the applicant was ready to settle the matter with the bank by depositing the amounts. It is further submitted that his wife was suffering of several disease such as Heart Ailment, Diabetes, High BP, Spine Pain, Cervical Spondylitis and Vascular leg etc. *Any medical certificate in support of its contention has not been placed before this Tribunal.* It is stated that in the meantime, the respondent bank has issued a sale notice dated 21.08.2025 for the auction of applicant's mortgaged property.
2. 3. In the meantime, the applicant had preferred a Writ before the Hon'ble High Court in Writ-C No.1180 of 2026, wherein it has stated that he had approached the DRT under provision of Section 17 of the Act; but, since long date has been given (November, 2026) hence, this Writ has been brought.
3. 4. In view of the fact, the Hon'ble Court has directed this Tribunal to expedite the stay application of the petitioner by disposing the same within a period of four weeks from presentation of the order. The order has been presented before me on 13.02.2026.
4. 5. I find that the applicant concealed the fact before the Hon'ble Court that its Securitization Application No.199 of 2023 has already been dismissed by this Tribunal on 02.07.2024. The urgency application brought by the applicant was also disposed vide order dated 06.02.2026. I find that the applicant has not approached this Tribunal with a clean hand and concealment fact before the Hon'ble Court is another factor for which any discretionary remedy may not be given to the applicant.
5. 6. I further find that this Miscellaneous Application has been brought after a lapse of 14 months, any reason nay sufficient reason has been assigned by the applicant. Accordingly, this Miscellaneous Application is dismissed.
6. 7. **Before I depart with the order;** the only grievance of the Ld. Counsel for the applicant being that he wants to settle the
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account. Needless to say, that there is no impediment, if the applicant approaches the respondent bank for a proper settlement, it will be considered by the respondent bank in accordance with law, if the auction has not taken place.
File be consigned to record room.
[Pravas Kumar Singh] Presiding Officer Debts Recovery Tribunal, Lucknow.
Judgment signed, sealed, dated and pronounced in the open court on this 25<sup>th</sup> Day of February, 2026.
[Pravas Kumar Singh] Presiding Officer Debts Recovery Tribunal, Lucknow.
(Mugish)