Debts Recovery Tribunals and Appellate Tribunals
KESHUBHAI MAGANBHAI PARMAR vs Motilal Oswal Home Finance Limited on 7 August 2025
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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