Debts Recovery Tribunals and Appellate Tribunals

RATNA F JAISWAL vs DEWAN HOUSING FINANCE CORPORATION LTD on 23 January 2024

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**Before Arun Kumar Singal, Presiding Officer DRT-III, Vashi, Navi Mumbai Miscellaneous Application No. 35 of 2023**

**Instituted on : 23.01.2023**

**Decided on : 23.01.2024**

**Ratna F. Jaiswal,**

Age 45 Yers, Occ: Advocate,

Indian Inhabitant of Mumbai, Residing at Sahdeep Colony, Veer Sambhaji Nagar, P.L. Lokhande Marg, Chembur (West), Mumbai 400 089.

...APPLICANT

V/s.

**Diwan Housing Finance Corporation Ltd.,**

Having its registered office at FDIL Tower, Ground Floor, Anant Karnekar Marg (Station Road), Near Bandra Court, Bandra (E), Mumbai 400 051.

...RESPONDENT

**Argued By -**

Applicants in person.

Advocate Mr. Darshan Desai for the Respondent through VC.

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**ORDER**

1. 1. This order of mine shall dispose of the present Miscellaneous Application for condonation of delay in filing Application to restore the Securitisation Application.

2. 2. According to the Applicant, the Securitisation Application No.312 of 2015 was dismissed for non-appearance of the

Applicant on 13.10.2022. According to the Applicant, the above matter was kept for settlement as some talks were held between the parties thereto and that is why the Applicant did not appear in the matter. Even during the Lockdown period since March 2020 to June 2021, it was impossible to appear in the matter. There is mistake on the part of the Applicant who lost the track in the matter and since many dates she could not appear in the matter. In the month of January 2023, the Applicant saw the status of the matter on the internet and she came to know about the dismissal of the S.A., hence, this Miscellaneous Application.

3. After hearing the Applicant in person and the counsel for the Respondent and after seeing the record of S.A. No.312 of 2015, this Tribunal finds that before dismissal of S.A. No.312 of 2015, none had been appearing before this Tribunal since 04.07.2019, i.e. prior to emergence of COVID-19. Furthermore, there is no reflection in the Orders that the parties were trying for settlement, rather the matter must be before the Hon'ble DRAT, Mumbai in Appeal. The reason put forth by the Applicant is that she lost the track of the matter is not sufficient cause to condone the delay which as per the Applicant is 100 days. The intention of the legislature is to dispose of the matters under the SARFAESI

Act, 2002 as promptly as possible, but the conduct of the Applicant, it is manifest that the Applicant wants to prolong the matter. In view of the special nature of the SARFAESI Act, 2002 coupled with the conduct of the Applicant, the delay cannot be condoned and this Miscellaneous Application No.35 of 2023 is hereby dismissed.

1. 4. Nothing expressed herein above shall be deemed to be any expression of the merits of this case.

Typed By - SS Bhawale, PS

*Arun Kumar* (ARUN KUMAR SINGAL) PRESIDING OFFICER DRT-III, VASHI, NAVI MUMBAI

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