Debts Recovery Tribunals and Appellate Tribunals

VIJAY KRISHNALAL PAREKH AND ORS vs TATA CAPITAL HOUSING FINANCE LTD on 15 March 2023

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**DEBTS RECOVERY TRIBUNAL-II, AHMEDABAD

(LAXMAN MADNANI, PRESIDING OFFICER)**

**CHAMBER APPEAL NO.2 OF 2023**

**IN**

**DIARY NO.1278 OF 2022 (SA)**

Date of Order :-15/03/2023

Vijay Krushnalal Parekh

and others

** ...Appellants**

**Versus**

Tata Capital Housing Finance Ltd.

** ...Respondent**

**Appearance:**

Mr. Alpeshkumar M. Thakor, Ld. Counsel for the Appellants.

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**ORDER**

1. 1. The Appellants have filed the present Chamber Appeal against the order dated 19/12/2022 passed by Ld. Registrar declining registration of the proposed SA on account of the fact that the Applicants have come to this Tribunal at a premature stage, more particularly when the Respondent has not initiated proceedings u/s 13(4) and also on account of payment of inadequate court fees to the tune of Rs.29,625/-.

2. 2. I have heard Ld. Counsel for the Appellants and perused the record.

1. 3. It appears that the Appellants sought to file Securitization Application being aggrieved by the measures taken by the Respondent. It appears from the averments made by the Appellants in the memo of Appeal and from the copy of Possession Notice issued by the Respondent u/s 13(4) that it was issued on 08/06/2022 and the Appellants received the said Possession Notice on 10/06/2022. The Appellants had lodged the proposed SA before office of this Tribunal on 08/06/2022 on which date the Respondent had already initiated action u/s 13(4). However, Ld. Registrar raised objections at the time of lodging the said SA and passed impugned order dated 19/12/2022 declining registration of the SA.

2. 4. In the aforesaid circumstances, I deem it proper to allow the present Chamber Appeal.

3. 5. Ld. Counsel for the Appellants submitted that the Appellants are also ready and willing to pay the deficit court fees of Rs.29,625/-.

4. 6. In view of the aforesaid facts and circumstances, I pass the following order:-

**ORDER**

- ➤ The present Chamber Appeal is allowed.

- ➤ The order dated 19/12/2022 passed by Ld. Registrar is hereby quashed and set aside.

- ➤ The Registry is directed to register and number the SA lodged vide Diary No.1278/2022 subject to payment of deficit court fees as undertaken by the Appellants.

Pronounced in open Court on 15<sup>th</sup> day of March, 2023.

(Laxman Madnani) Presiding Officer DRT-II, Ahmedabad

\*ykb\*

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