Debts Recovery Tribunals and Appellate Tribunals
Arjanbhai A Karavadara vs AADHAR HOUSING FINANCE LIMITED on 6 June 2025
Exh-07
**IN THE DEBTS RECOVERY TRIBUNAL-II AT AHMEDABAD
PANKAJ KUMAR UPADHYAY, PRESIDING OFFICER, DRT-II.**
**MISCELLANEOUS APPLICATION NO. 35 OF 2025**
**IN**
**S.A. No. 57 OF 2025**
**Date of Order:-06.06.2025**
Arjanbhai A. Karavadara others
...Applicants
**Versus**
Aadhar Housing Finance Ltd.
...Respondent
**Appearance:**
Ms. M.B. Suthar, Ld. Counsel for Applicants.
Mr. Mayank Joshi, Ld. Counsel for the Respondent Bank
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1. 1. The Applicant has filed the present Misc. Application for restraining the Respondent FI from taking physical possession of the property in question on 08.06.2025 as per the notice dated 22.05.2025 issued by Court Commissioner.
2. 2. The Applicants have stated that the Applicants have deposited an amount of Rs.50,000/- on 01.02.2025, Rs.50,000/- on 19.02.2025 and Rs.50,000/- on 04.03.2025 as per the order dated 01.02.2025 passed by this Tribunal in SA No.57 of 2025. It is further averred by the Applicants that the concerned Branch Manager informed the Applicants that on depositing the aforesaid amounts, account of the Applicants has become regular and hence, the Applicants have made payment of installments of Rs.6,053/- each on 09.03.2025, 09.04.2025 and 17.05.2025. The Applicants did not know that they were required to deposit the entire remaining outstanding in the loan account on or before 31.03.2025. The Applicants are poor persons and their financial condition is not good and hence, they are not able to pay the remaining outstanding amount in one stroke.
3. I have heard Ld. Counsels for both the parties.
4. Ld. Counsel for the Respondent FI has filed pursuant Ex.R/06 and submitted that the Applicants have defaulted in making payment as per their own undertaking and as per order dated 01.02.2025 passed in SA No. 57/2025. He further submitted that the total outstanding dues in the loan account of the Applicants as on 04.06.2025 is Rs.2,95,638.01. He also submitted that looking to the default committed by the Applicants, the Respondent FI may be permitted to take physical possession of the property in question on 08.06.2025 as scheduled.
5. It appears from the perusal of order dated 01.02.2025 passed by this Tribunal in SA No.57/2025 that the Applicants were given an opportunity to settle the matter amicably with the Respondent in the interest of justice. However, the Applicants, after depositing Rs.50,000/- each on three different dates in compliance with the order of this Tribunal. However, they have ~~failed~~ failed to deposit the remaining outstanding amount in their loan account on or before 31.03.2025 with the Respondent FI. It was made clear in para 7 of order dated 01.02.2025 that in case of single default committed by the Applicants, the Respondent shall be at liberty to proceed further in accordance with law.
6. In view of the aforesaid facts and circumstances of the case and considering breach of the order dated 01.02.2025 passed by this Tribunal, it seems that the Applicants have misused the discretionary relief granted to them and therefore they do not deserve any further sympathy or extension of time.
7. In light of what is stated hereinabove, the present Misc.
Application is hereby dismissed with no order as to cost.
8. The Respondent FI is at liberty to proceed further for taking physical possession of the property in question in accordance with law.
9. File be consigned to record.
**(PANKAJ KUMAR UPADHYAY) PRESIDING OFFICER DRT-II, AHMEDABAD**
Nishita.