GUFRAN S KHAN vs DCB BANK LIMITED on 2 January 2026

**ORDER**

1. 1. Arguments of Ld. Counsels for both the parties on the Application for Condonation of Delay being M.A. No.83/2025 moved by Applicants for condoning delay of 80 days in filing above Securitization Application have been heard.

2. 2. The present application has been filed by the Applicants seeking Condonation of Delay of 80 days on 29/07/2025 stating that the possession notice was received by the Applicants on 21/03/2025. The Applicants were unable to provide timely instructions for filing the appeal due to serious health issues. Further the Applicants met with a severe accident resulting in a head injury, which required immediate medical attention including a CT scan of brain. The incident not only 2MA 68 of 2025

caused physical incapacity but also led to significant financial hardship, thereby contributing to the delay in initiating the appeal process. The Applicants have further stated that the Delay in filing the application is neither deliberate nor intentional, but has occurred due to bona fide reasons and circumstances beyond the control of Applicants. If the delay in filing the Securitization Application is not condoned, the Applicants will suffer irreparable loss and grave prejudice, whereas no hardship or injury will be caused to the Respondent Bank if the delays condoned.

1. 3. Ld. Counsel for the Respondent Bank, though has not filed any reply to the present Miscellaneous Application, opposed the application for Condonation of Delay on the ground that the reasons mentioned in the application are false and neither legal nor proper nor sufficient and no sufficient cause has been shown for Condonation of Delay of 80 days and no day-to-day delay has been explained by Applicants in their application and thus, the application deserves to be rejected.

2. 4. It has been held by Hon'ble Gujarat High Court in LPA No.224/2020 in the case of Manglesh Champaklal Gandhi that this Tribunal has discretion to entertain Application u/s 17(1) of SARFAESI Act beyond the period of 45 days as provisions of Section 5 of Limitation Act would apply and such discretion has to be exercised taking into consideration the facts and circumstances on the aspect of sufficient cause to condone the delay or not. The reasons as explained by Applicants in their Application for Condonation of Delay appear to be sufficient in the facts and circumstances of the above case and thus, the Application for Condonation of Delay deserves to be allowed in the interest of justice.

3MA 68 of 2025

1. 5. In view of the aforesaid discussion, the present Application for Condonation of Delay is allowed. Delay of 80 days in filing Securitization Application is hereby condoned.

2. 6. Registry is hereby directed to register and number the Securitization Application.

**(PANKAJ KUMAR UPADHYAY)** **PRESIDING OFFICER** **DRT-II, AHMEDABAD**

Saloni