Aadhar Housing Finance Limited vs sikandar garibshah mogal on 12 September 2025

Exh- 7

12-09-2025

MA/53/2025

Present :

Mr. Aditya Gundecha, Ld. Counsel for the Applicant.

Ms. Umangi Khavadiya, Ld. Counsel for the Respondent.

This MA has been filed with a request to take necessary action against the Respondent, as they have misled this Tribunal at the time of passing Final order dated 23-05-2025 in SA No: 294/2025 by which it was submitted by the Applicant in that case, who is now Respondent in the present case that the Respondent has not informed the preponed date in the SA. It has been further submitted that even after opportunity being given by this Tribunal to deposit blank cheque with the authorization of Respondent FI, the cheque which has been submitted by the Applicant in that case (who is the Respondent in this case) has been dishonored. On this ground, it has been submitted that necessary action may be taken against the Applicant in SA No: 294/2025 who are Respondent in this case.

I do not find any merit in this case and it is unnecessarily seeking involvement of this Tribunal, when in the impugned order dated 23-05-2025, this Tribunal has clearly mentioned as below:

**"It is made clear that if the blank cheque with authorisation to Respondent FI is not deposited to the Branch Manager of Respondent FI on 26-05-2025 and further if the cheque is not encashed, the interim protection granted in favour of the Applicant will cease to exist and the Respondent FI will be at liberty to proceed under SARFAESI Act in accordance with law".**

If the cheque deposited by the borrower was dishonoured, then the Applicant were given free hand to proceed with securitisation proceeding and there is no bar at all and no prejudice has been caused to the Respondent FI in the above mentioned SA who is the Applicant in this case.

Accordingly, this MA being devoid of any merit is being rejected with no order as to cost.

Let this file be consigned to records.

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

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