Debts Recovery Tribunals and Appellate Tribunals
MS SHREE SUPER MARKET vs Hinduja Leyland Finance Limited on 27 February 2025
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Exh-9
IN THE DEBTS RECOVERY TRIBUNAL-II AT AHMEDABAD (Pankaj Kumar Upadhyay, Presiding Officer)
Item No.56 MA/04/2025
27.02.2025
M/s Shree Super Market & Ors. Vs. Hinduja Leyland Finance Ltd.
Present: Mr.Siddharth Padhiyar, Ld. Proxy Counsel for the Applicant.
Mr.L.M.Patel, Ld. Counsel for the Respondent Bank.
*Memo of appearance Ex.R/08* filed by Ld. Counsel for the Respondent FI.
Today this matter has come up for hearing on application for condonation of delay.
Ld. Counsel for the Applicant submitted that there is delay of 16 days filing SA. He further submitted that Respondent FI issued Demand Notice u/s 13(2) on 03.08.2024 and also issued symbolic possession notice u/s 13(4) on 09.11.2024 and Applicant is not aware of the facts and he only came to know about the same only after he come to know about the sale notice dated 16.11.2024 published in the newspaper. Ld. Counsel for the Applicant is also submitted that order of Section 14 has already been passed by Ld. CJM, Rajkot on 29.01.2025. He further submitted that Applicants are not very much familiar with legal procedures hence, looking to the facts and circumstances and in the interest of justice delay may be condoned.
Ld. Counsel for the Respondent Bank/FI has no objections, if the delay in filing the Securitisation Application is condoned.
Hence, this Tribunal is of the view that reasons assigned by the Applicant in this Miscellaneous Application for condonation of the delay in filing the present S.A. is sufficient. Moreover, no prejudice of any nature will be caused to the Respondent / Financial Institution, as ultimately the matter would be decided on merits after hearing both the parties. Hence, delay, if any, filing the present S.A. is hereby condoned.
Miscellaneous Application for condonation of delay is allowed.
Registry is directed to register and number the present case as SA and place it before the bench.
Ld. Counsel for the Respondent/ Financial Institution is directed to file reply to the S.A. before the Registry with an advance copy to the Ld. Counsel for the applicants on or before the next date of hearing.
(PANKAJ KUMAR UPADHYAY) PRESIDING OFFICER DRT-II, AHMEDABAD 27.02.2025