Debts Recovery Tribunals and Appellate Tribunals
Arjun Singh vs INDIAN OVERSEAS BANK on 9 September 2025
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DEBTS RECOVERY TRIBUNAL LUCKNOW
<table border="1"><thead><tr><th data-bbox="174 138 324 166">Date of order or proceeding</th><th data-bbox="324 138 711 166">Order with signature of court</th><th data-bbox="711 138 828 166">Office action taken with date</th></tr></thead><tbody><tr><td data-bbox="174 166 324 923">C.A. No. 05/2025<br/>09.09.2025<br/>SI No.01 .</td><td data-bbox="324 166 711 923"><p>This chamber appeal is filed by the applicant against the order dated 11.08.2025 passed by the Ld Registrar in S.A. Dy. No. 1701/2025.</p><p>It is stated that at the diary stage on scrutiny, it was found that condonation of delay application has not been filed and the defect has not been removed by the applicant. Hence, in terms of power conferred under rule 5(4) of the DRT Procedures Rules, the SA is declined to be registered.</p><p>It is submitted by Ld counsel that this SA has been brought by the applicant for quashing demand notice dated 09.01.2023, possession notice date 14.07.2023 and the order dated 20.01.2024 passed by Ld CJM Lucknow including the other reliefs.</p><p>It is stated in column IV of the SA that application is within limitation from the date of knowledge i.e. 23.06.2025 of the order of Ld C.J.M. Lucknow.</p><p>Ld counsel for the applicant relied upon the judgment dated 06.08.2025 passed by Hon'ble High Court Allahabad in the matter of Vimla Kashyap & ors. Vs. Union of India & ors, whereby it has been held that section 14 order is continuance of the proceeding under section 13(4) of the SARFAESI Act and would give A cause of action to file a SA before the DRT.</p><p>It is further held that all the steps contemplated under section 13(4) of the Act, give a cause of action to the borrower</p></td><td data-bbox="711 166 828 923"></td></tr></tbody></table>
of the person aggrieved to approach the DRT by filing a petition under section 17 and are a continuous cause of action.
It is further stated that limitation has to be calculated from the date of last action against which the person aggrieved had approached the DRT under section 17 of the Act I further find that limitation is a <sup>mix</sup> ~~maximum~~ question of law <sup>and</sup> in fact, which cannot be decided at the stage registration. Accordingly, the order dated 11.08.2025 passed by the Ld Registrar is set aside and Office is directed to register the SA Dy. No. 1701/2025 in accordance with Rule.
The Chamber Appeal is allowed and disposed of accordingly.
**Let file be send to the Registry for compliance.**
Order be uploaded on the Tribunal's website.
(Dictated)
(Pravas Kumar Singh) Presiding Officer
(Manoj)