Debts Recovery Tribunals and Appellate Tribunals
Kishan Dineshbhai Dholakiya vs DMI HOUSING FINANCE PVT LTD on 22 December 2023
**IN THE DEBTS RECOVERY TRIBUNAL-II AT AHMEDABAD
(Laxman Madnani, Presiding Officer)**
M.A. No.56 of 2023
Date of Filing : 04.10.2023
Date of Decision : 22.12.2023
KISHAN DINESHBHAI DHOLAKIYA & ANR.
.....APPLICANTS
VERSUS
DMI HOUSING FINANCE PVT. LTD.,
.....RESPONDENT
**Appearance:**
Mr.Mayur Rajguru, Ld. Counsel appeared for the Applicants.
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**ORDER**
1. 1. Today this matter has come up for hearing for consideration on withdrawal affidavit filed by the Applicants at Ex.A/06.
2. 2. Ld. Counsel for the Applicants has filed withdrawal affidavit at Ex.A/06, duly sworn by the Applicant, submitting interalia that the present Misc. Application being Delay condonation application for filing SA was filed on 04.10.2023. However, during the pendency of the present application, the Respondent Bank has obtained orders under Section 14 of the SARFAESI Act, 2002, 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.
3. 3. This Tribunal has carefully examined the purshis 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.
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