Kaileshben Shivlal Makawana vs Capri Global Capital Limited on 21 February 2024

ORDER

1. 1. Today this matter has been placed before me by the Registry.

2. 2. Ld. Counsel for the Applicant has filed withdrawal purshis at Ex.A/5, submitting interalia that the present Misc. Application being Delay condonation application for filing Securitisation Application has been filed on 01.02.2024. However, during the pendency of the present application, as per the instructions received, Court Commissioner has issued fresh notice on 14.02.2024 for taking physical possession of the property in question on 03.03.2024, which constitutes a fresh cause of action. As such, it is submitted that this Tribunal may permit the Applicant to withdraw the captioned matter, with liberty to approach this Tribunal for filing fresh application under Section 17 of the SARFAESI Act, 2002 and accordingly, appropriate order may be passed.

3. 3. This Tribunal has carefully examined the purshis so filed by the Applicant and considering the fact that Applicant wants to withdraw the present Misc. Application, the present Misc. Application being delay condonation application along with SA is disposed of with liberty to file fresh Securitisation Application in accordance with law on the fresh cause of action accrued in favour of the Applicant.

4. 4. Further, all pending IAs, if any along with this Misc. Application also stand disposed of.

5. 5. Let the file be consigned to records.

(LAXMAN MADNANI) PRESIDING OFFICER DRT-II, AHMEDABAD