BHARATBHAI PRANLAL DAVE vs ICICI BANK LIMITED on 18 August 2025

Exh-8

IN THE DEBTS RECOVERY TRIBUNAL-II AT AHMEDABAD

(Pankaj Kumar Upadhyay, Presiding Officer)

Item No.12

MA/54/2023

in

(SA) Diary No.2505 of 2022

Bharatbhai Pranlal Dave

Vs.

ICICI Home Finance Co. Ltd. & Ors.

18.08.2025

Present:

Ms.Nisha M. Parikh, Ld. Proxy Counsel for the Applicant.

None for the Respondent Bank.

Matter called out several times. None appeared for both the parties and it is observed that *Withdrawal Purshis Ex.A/07*, filed by Applicant is taken on record.

The Applicant has filed present Miscellaneous Application for Condonation of delay in filing SA in Diary No.2505 of 2022 challenging, measures taken by Respondent Bank under the SARFAESI Act, 2002 against the Applicant.

Ld. Counsel for the Applicant submitted that this case is filed against the notice dated 12.11.2021 directing the Ld. Mamlatdar and Ld. Executive Magistrate, Junagadh to hand over the possession of property as mentioned in the scheduled in the Securitisation Application. *Ld. Counsel for the Applicant has filed withdrawal purshis Ex.A/07 stating therein that after filing the present Securitisation Application Ld. Additional District Court, Vanthali in Cri. Miss. Application No.533/2023 has passed the order and issued the notice on 03.11.2023 u/s 14 of SARFAESI Act, 2002 for taking the possession of property on 26.11.2023.*

In view of the submission made by the Ld. Counsel for the Applicant this Tribunal is of the view that on account of issuance of fresh notice dated 03.11.2023 a new cause of action arises and the earlier action initiated by the Respondent FI become null and void and so the Securitisation Application vide diary no.2502 of 2022 along with Miscellaneous Application for Condonation of delay becomes in fructuous and deserves to be dismissed as withdrawn as per withdrawal purshis filed vide Ex.A/07.