Debts Recovery Tribunals and Appellate Tribunals

MS BHAVYA FURNITURE A sole proprietary firm of Yogesh Chimanlal Gujjar vs BANK OF INDIA on 29 June 2024

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

**(Anil Kumar Gupta, I/c.Presiding Officer)**

**M.A. No. 33 of 2023**

**Date of Filing : 24.08.2023**

**Date of Decision : 29.06.2024**

Item No.13

**M/S.BHAVYA FURNITURE & ORS.**

** .....APPLICANTS**

**VERSUS**

**BANK OF INDIA**

** .....RESPONDENT**

**Appearance:**

Mr.N.R.Parikh, Ld. Counsel appeared for the Applicants.

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**ORDER**

1. 1. The case is taken up for consideration on withdrawal affidavit Ex.A/12 filed by the Applicants.

2. 2. Ld. Counsel for the Applicants has filed withdrawal application at Ex.A/12, duly sworn by the Applicants, submitting interalia that the present Misc. Application being condonation of delay, has been filed for the delay caused in filing Securitisation Application, on 24.08.2023. However, during the pendency of the present application, the Respondent Bank has obtained order dated 20.03.2024 u/s. 14 of the Act, from the Id. Chief Judicial Magistrate, Rajkot and has also taken the possession of the secured assets on 25.05.2024, which constitutes a fresh cause of action.

3. 3. As such, it is submitted that this Tribunal may permit the Applicants to withdraw the captioned matter, with liberty to approach this Tribunal for filing fresh application under Section 17 of the SARFAESI Act, 2002.

4. 4. This Tribunal has carefully examined the withdrawal application Ex.A/12 so filed by the Applicants and considering the fact that Applicants want 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 Applicants.

5. 5. Further, all pending IAs, if any along with this Misc. Application No.33/2023 [Diary No.1493/2023(SA)] also stand disposed of.

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

**(ANIL KUMAR GUPTA)** **I/c.PRESIDING OFFICER** **DRT-II, AHMEDABAD** **29.06.2024**

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