Debts Recovery Tribunals and Appellate Tribunals

I TECH ADVANCE INSPECTION SERVICES vs BANK OF INDIA on 9 November 2023

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

**(Laxman Madnani, Presiding Officer)**

M.A. No. 51 of 2023

Date of Filing : 02.08.2023

Date of Decision : 09.11.2023

**I TECH ADVANCE INSPECTION SERVICES .....APPLICANTS**

**VERSUS**

**BANK OF INDIA .....RESPONDENT**

**Appearance:**

Mr.D.D.Chauhan, Ld. Counsel appeared for the Applicants

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**ORDER**

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

2. 2. Ld. Counsel for the Applicants has filed purshis at Ex.A/05, submitting inter alia that the captioned Delay condonation application was filed by the Applicants for condonation of delay in filing the Securitisation Application. However, 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, the Applicants submitted that appropriate order may be passed.

3. 3. Considering the submission made by the Ld. Counsel for the Applicants in the purshis so filed at Ex.A/05 and more particularly relying upon the above ratio as laid down by Hon'ble Madras High Court and affirmed / not interfered by Hon'ble Supreme Court, this Tribunal is of the view that the present Misc. Application filed for condonation of delay in filing the 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.

4. 4. As such, Misc. Application filed for condonation of delay in filing SA deserves to be dismissed and disposed-off.

5. 5. Order accordingly.

6. 6. No order as to cost. Let the file be consigned to records. /

(LAXMAN MADNANI) Presiding Officer, DRT-II, Ahmedabad

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