Debts Recovery Tribunals and Appellate Tribunals
JOSHANABEN NARENDRABHAI PRAJAPATI vs JANA SMALL FINANCE BANK LTD on 11 September 2025
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Exh- 8
11-09-2025
MA/49/2025
Present :
Mr. Harshad Barot, Ld. Counsel for the Applicant.
Mr. Sandip Solanki, Ld. Counsel for the Respondent Bank.
In this case, the Ld. Counsel for the Applicant has moved delay condonation application with a prayer that the Applicant has not challenged the action of the Respondent's taking physical possession on 09-03-2025 because the Applicant was constantly in touch with the Respondent to settle the account but the Respondent has not given the proper response. Hence, the Applicant has taken advise of legal remedies and filed this Securitization application. The Ld. Counsel for the Applicant has submitted that there is a delay of six (6) days in filing this securitization application and if this delay is condoned, no irreparable loss or prejudice will be caused to the Respondent.
On the other hand, the Ld. Counsel for the Respondent FI has submitted that the Applicant has wrongly contended that there is a delay of only six (6) days. He has further submitted that the physical possession of the secured asset was taken by the Respondent Bank on 09-03-2025 and the limitation of filing the SA is 45 days from the date on which measure under Section 13(A) is taken. Accordingly, the limitation period expired on 23-04-2025 (i.e. 45 days from 09-03-2025) and the present delay condonation application was filed on 13-06-20-25, so the actual delay is of Fifty (50) days and not six (6) days as projected by the Applicant.
Heard both the Ld. Counsels of the parties. 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.
In the views of this Tribunal, the delay needs to be condoned **on payment of cost of Rs.3000/- to be deposited by the Applicant in the National Defense Fund Account No: 11084239799 (IFSC: SBIN0000691) with State Bank of India, Institutional Division, 4<sup>th</sup> Floor, Parliament Street, New Delhi.**
**Ordered Accordingly.**
Accordingly, MA No: 49/2025 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 after meeting the other formalities.
Let this file be sent to Registry for doing the needful.
**(PANKAJ KUMAR UPADHYAY)** **PRESIDING OFFICER,** **DRT-II, AHMEDABAD.**
us/96