SAMIRBHAI NOORMOHMADBHAI SODHA vs SMFG INDIA CREDIT COMPANY LIMITED on 6 June 2025

**ORDER**

1. 1. Heard the arguments of Ld. Counsels for both the parties on the Application for Condonation of Delay being M.A. No.22/2025 moved by Applicants for condoning delay of 09 days in filing above Securitisation Application on 19.03.2025 from the date of Possession Notice.

2. 2. Ld. Counsel for the Applicants, while arguing on application for Condonation of Delay, submitted that after coming to know about SARFAESI proceedings initiated by the Respondent FI, some time lapsed in making arrangement for funds, the Applicant's business is completely stalled; the Applicants have misplaced the account statement and various loan documents and therefore, it took some time in recovering those documents for the purpose of producing before this Tribunal. He further submitted that the delay is not huge and properly explained. It is further contended that delay, if any, is not intentional and 2MA 22/2025

liberal approach in condoning delay should be adopted and delay should be condoned in filing above Securitisation Application as there has been continuous cause of action as per judgment of Hon'ble Gujarat High Court dated 28/06/2024 passed in LPA No.224/2020 in the case of ***Aditya Birla Finance Ltd. V/s Manglesh Champaklal Gandhi & Ors.*** Thus, Ld. Counsel for the Applicants prayed for condonation of delay in filing above Securitisation Application.

1. 3. The Respondent FI has opposed the above Application for Condonation of Delay on the ground that the reasons mentioned in the Application for Condonation of Delay are false and neither legal nor proper nor sufficient and no sufficient cause has been shown for condonation of delay of 09 days and no day-to-day delay has been explained by Applicants in their Application and thus, the above Application deserves to be rejected.

2. 4. It appears from perusal of pleadings that the Applicants have approached this Tribunal as early as possible after issuance of Possession Notice by the Respondent FI. However, there is a minor delay of 09 days in filing Securitisation Application by the Applicants within prescribed time limit. 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 3MA 22/2025

Application for Condonation of Delay deserves to be allowed in the interest of justice.

1. 5. In view of the aforesaid discussion, the present Application for Condonation of Delay is allowed. Delay of 09 days in filing Securitisation Application is hereby condoned.

2. 6. Registry is hereby directed to register and number the Securitisation Application. - List the matter for hearing on 12.06.2025.

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

Nishita