KHANDERAO HARIBHAU GHORPADE vs Orix Leasing & Financial Services India Limited on 23 September 2026

23.09.2026 Exh. Roznama-MDRT-II M.A. No.78 of 2024 Next date

Mr Kapil P. Shetye, and Ms Mugdha Bhosale, Advocates for the Applicants. Mrs Uma S. Fadia, Advocate for Respondent.

The Applicants has preferred this Misc. Application for Condonation of delay of 02 days in filing Application under Section 17 being S.A. (D) No.260 of 2023. Ld. Advocate for the Applicants submits that the limitation period ends on 11.02.2023 (Saturday) but due to a technical error unable to make online payment for the S.A. Court fee. However, the Applicants filed S.A. on 13.02.2023. Hence, failed to file S.A. within time. Therefore, there is 2 days delay in filing the Securitization Application. Hence, prays that delay may be condoned. The fact of technical error in e-filing the S.A by the Applicants is not opposed by the Ld. Advocate for the Respondent. Heard Ld. Advocates for the parties. Perused the Record. The Hon'ble Apex Court in the case of H. Guruswamy & Ors Versus A. Krishnaiah Since Deceased by LRs dated 02.04.2024 observed that while considering an application to condone delay, the court must not start with the merits of the main matter. It owes a duty first to ascertain the bonafides of the explanation offered by the rst - 13 party seeking condonation. Hence, this Tribunal will not decide on the merits of the matter but will rather consider the bonafide shown in the explanation. In the above facts and circumstances, M.A. No.78 of 2024 is allowed subject to cost quantified in the sum of Rs.2500/- payable to DRT Bar Association for purchase of books and periodicals. S.A. (D) No.260 of 2023 be registered after due compliance. File be consigned to the Record Room after due compliance.

Sd/- P.O. DRT-II

Closed