Debts Recovery Tribunals and Appellate Tribunals

KESHUBHAI MAGANBHAI PARMAR vs Motilal Oswal Home Finance Limited on 7 August 2025

Cites 0, Cited by 0

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

Exh-6

07-08-2025

MA/25/2025

Present :

Mr. Yogesh M. Rathod, Ld. Counsel for the Applicant.

Mr. Keshav Chopra, Ld. Proxy Counsel for the Respondent FI.

In this case, the Ld. Counsel for the Applicant has moved delay condonation application with a prayer to condone the delay of 12 days in filing the SA. He further submitted that the Respondent FI has taken symbolic possession of the immovable property on 04-09-2024 and thereafter as per the order dated 21-12-2024 of the Ld. Chief Judicial Magistrate, the Ld. Court Commissioner has taken physical possession of the said property on 02-02-2025. The Ld. Counsel for the Applicant has further submitted that the Applicant is residing in a small village and their financial condition is very poor. Moreover, they were not aware about the securitization proceedings initiated by the Respondent and that is why the delay of 12 days was caused in filing the proposed SA. On these grounds, he has requested that this delay may be condoned and this SA may be ordered to be registered.

The Ld. Counsel for the Respondent FI has formally objected, if the delay in filing the Securitisation Application is condoned.

The purpose of justice is to provide parties an opportunity to be heard in the process of determination of their dispute and to deny this opportunity on technical ground will not serve the end of justice. Taking in view, that the delay is well explained in this case and that too for a short period of 12 days, this Tribunal is of the view that the delay needs to be condoned.

Accordingly, MA No: 25/2025 is allowed and delay in filing the proposed SA is hereby condoned. The Registry is directed to register the annexed proposed SA on original number.

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

us/51

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead