Debts Recovery Tribunals and Appellate Tribunals

M s Patel And Co vs UNION BANK OF INDIA (CORPORATION BANK) on 11 January 2024

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**IN THE DEBTS RECOVERY TRIBUNAL-II AT AHMEDABAD**

**(Laxman Madnani, Presiding Officer)**

M.A.No.60 of 2023

Date of Filing : 15.07.2023

Date of Decision : 10.01.2023

**M/S.PATEL & COMPANY**

.....APPLICANT

**VERSUS**

**UNION BANK OF INDIA**

.....RESPONDENT

**Appearance:**

Mr.D.D.Chauhan, Ld. Counsel appeared for the Applicant None for the Respondent Bank

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**ORDER**

1. 1. Today, this matter has come up for order on purshis so filed by the Applicant at Exh. A/05.

2. 2. Ld. Counsel for the Applicant has filed purshis at Ex.A/05, submitting inter alia that the captioned Delay condonation application was filed by the Applicant for condonation of delay of 163 days in filing the Securitisation Application. It is further submitted that in view of the ratio held by the *Hon'ble High Court of Judicature of Madras in the case of M/s.Velar Engineering Works Pvt. Ltd., V/s. Authorised Officer/Chief Manager, Indian Bank decided on 05.09.2019*, this Tribunal has no powers to condone the delay as per Section 5 of Limitation Act, as held by Hon'ble High Court of Madras and confirmed by Hon'ble Supreme Court in ESLLP Diary No.7023 of 2020. As such, it is submitted that appropriate order may be passed.

3. 3. Considering the submission made by the Ld. Counsel for the Applicant and more particularly in view of the above ratio as laid down by Hon'ble Madras High Court and further, not interfered by Hon'ble Supreme Court, this Tribunal is of the view that application for condonation of delay in filing the above SA is not maintainable and delay in filing SA cannot be condoned u/s 5 of Limitation Act r/w Section 17(7) of SARFAESI Act, 2002 and 24 of RDB Act, 1993 and thus, the captioned Misc. Application filed for condonation of delay in filing SA deserves to be dismissed and disposed-off accordingly. Order accordingly.

No order as to costs. Let the file be consigned to records.

**(LAXMAN MADNANI)** **PRESIDING OFFICER** **DRT-II, AHMEDABAD**

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