Dr Bhakare Hospital vs Bank Of India on 25 October 2024

JUDGMENT

(Delivered on 25th October, 2024)

1. The Applicant has filed present application for condonation of delay of 44 days in filing Securitization Application for challenging action of Defendant Bank under SARFAESI Act.

[ANIL]

2. Defendant Bank filed reply (Exhibit-8) and resisted the application.

3. Heard both parties.

4. Following points arise for my determination and I record findings thereon as under:- Points:– (A)- Whether grounds for delay condonation in filing S.A. are sufficient?

(B)- What order?

Findings:-

(A)- In the Affirmative.

(B)- Application is allowed as per final order.

5. The Learned Advocate for both the parties reiterated the facts mentioned in the application and reply respectively.

6. The Learned Advocate for the Applicant relied on the authority - Sheo Raj Singh (Deceased) through LRs and Ors. Vs. Union of India (UOI) and Ors., MANU/SC/1098/2023.

7. The Learned Advocate for the Defendant bank relied on the following authorities –

(i) - Brijesh Kumar and Ors. Vs. State of Haryana and Ors. AIR 2014, SUPREME COURT, 1612;

(ii) – Basawraj and Anr. Vs. Spl.Land Acquisition Officer, AIR 2014 SUPREME COURT 746.

[ANIL]

8. Perused the contents of the application, reply and documents produced by the Applicant. According to the Applicant, his father had undergone a Major Spinal Surgery for Cervical Spondylosis and the applicant being alone son was attending for his medical treatment and physiotherapy treatment regularly. Therefore, the Applicant could not approach Advocate in time and file Securitization Application. Therefore, there is delay of only 44 days and the same may be condoned.

9. According to the Defendant Bank, grounds mentioned in the Application are not sufficient to condone the delay and medical documents collected by the Applicant can be easily available to him, as he is also Medical Practitioner. 10 It is to be noted that while dealing with the application for delay condonation, the Court shall take pragmatic view and should not adopt straight jacket formula. 11 In the present case, medical certificate substantiates the case of the Applicant. That apart, if the delay is condoned, the Defendant Bank will get an opportunity to contest the main Securitization Application. Therefore, in my opinion, grounds for condonation of delay in filing Securitization Application are adequate and sufficient. Therefore, the application

[ANIL]

deserves to be allowed. Hence, I pass the following order:-

ORDER

(A) Miscellaneous Application No. 01/2017 is allowed.

(B) Delay of 44 days in filing Securitization Application is hereby condoned subject to the Applicant pay cost of Rs.5000/- (Rupees Five Thousand only) to the Defendant Bank within two weeks from today.

(C) Payment of cost is condition precedent for registration of Securitization Application.

(D) After compliance of payment of cost, Securitization Application shall be admitted and registered.

Miscellaneous Application is disposed of.

Place: Pune Date: 25.10.2024

Sd/- (Dilip G. Murumkar) Presiding Officer, Debts Recovery Tribunal, Pune.