MR VINODBHAI RATILAL SOLANKI AND ORS vs AADHAR HOUSING FINANCE LIMITED on 19 April 2025

**ORDER**

1. 1. Ld. Counsel for the Applicants submitted that the Applicants have already deposited an amount of Rs.50,000/- with the Respondent FI in compliance of order dated 13/12/2024 passed by this Tribunal. He further submitted that there were outstanding dues of Rs.3,91,676.58 as on 01/12/2024 as disclosed by the Ld. Counsel for the Respondent FI at the relevant time. However, as per say of the officer of Respondent FI, there is still an outstanding of Rs.3,80,000/- in the loan account of the Applicants. Due to this situation, the Applicants have filed the present M.A. seeking indulgence of this Tribunal by granting further extension of 90 days with regard to payment of remaining outstanding dues as per order dated 13/12/2024 passed in S.A.No.26/2023.

2. 2. Today, when the matter came up for hearing, Ld. Counsel for the Applicants filed purshis Ex.A/08 stating therein that the Respondent has scheduled the process of taking possession of the disputed property on

20/04/2025. He further submitted that as per purshis filed by the Respondent FI at Ex.R/07, the total outstanding as on 17/04/2025 is Rs.3,89,135.42. The Applicants are paying Rs.3,21,000/- by way of demand draft dated 15/04/2025 today and will pay the remaining amount within 15 days from today. Accordingly, Ld. Counsel for the Applicants requested to pass appropriate order restraining the Respondent from taking any coercive action against the Applicants and disputed property and further requested to dispose of the present M.A.

1. 3. Per contra, Ld. Counsel for the Respondent FI submitted that demand draft dated 15/04/2025 for Rs.3,21,000/- submitted by the Applicants along with purshis Ex.A/08 is drawn in favour of Applicant No.1 herein which, in fact, should be favouring the Respondent FI. As such, the Applicants may be directed to make payment of Rs.3,21,000/- in an appropriate manner in the loan account on or before Monday i.e. 21/04/2025 and further to pay the remaining outstanding amount, inclusive of interest as on date of payment, within 15 days from today.

2. 4. Considering the facts and circumstances of the case as well as intension of the Applicants to settle a loan account, this Tribunal is of the opinion that the proposal of the Applicants deserves to be accepted and time is required to be extended for payment of the remaining outstanding amount. Hence, the following order is passed:

ORDER

- • The Applicants are directed to pay Rs.3,21,000/- (Rupees Three Lakh Twenty One Thousand only) in the loan account with the Respondent FI on 21/04/2025.

- • The Applicants are further directed to deposit remaining outstanding amount, inclusive of interest due as on date of payment, within 15 days from today to the Respondent FI.

- • The Respondent FI is directed to defer any coercive action against the Applicants and disputed property to enable the Applicants a comply with this order.

- • It is clarified that in case of single default committed by the Applicants in making payment, as stated hereinabove, the Respondent FI shall be at liberty to take physical possession of the disputed property on 22/04/2025 or any day thereafter.

- • The present M.A. accordingly stands disposed of with no order as to cost.

- • File be consigned to record.

**(Pankaj Kumar Upadhyay)** **Presiding Officer** **DRT-II, Ahmedabad**

\*ykb\*