Debts Recovery Tribunals and Appellate Tribunals

Narayan Pedasubbaiah Chintham and Smt Sunita Narayan Chintham vs KOTAK MAHINDRA BANK LIMITED on 1 July 2022

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Presented on:

01.04.2022

Registered on:

01.04.2022

Decided on:

01.07.2022

Duration:

Y M D

- 3 -

IN THE DEBTS RECOVERY TRIBUNAL AT PUNE

(Before Shri Dilip G Murumkar, Presiding Officer)

MISCELLANEOUS APPLICATION No.22/2022

1.

Mr.

Narayan

Pedasubbaiah

Chintham

Adult, Indian Inhabitant

2.

Smt. Sunita Narayan Chintham

Adult, Indian Inhabitant

Both are residing at Survey

No.72/19/1,

Lane

No.5,

Shravasti Nagar at Ghorpadi

Gaon, Pune – 411 001.

… Applicants

Versus

Kotak Mahindra Bank Ltd.,

A Body Corporate constituted

under the Banking Companies

(Acquisition and Transfer of

Undertakings) Act, 1970 having

its

office

at

Zone-2

Nyati

Unitree, 4th Floor, Yerwada,

Pune Nagar Highway, Pune –

411 006.

...Opponent

APPEARANCES

For the Applicants

Mr. Vaibhav Ugle - Advocate

For Opponent

Mr. Ramesh B Ganbote - Advocate

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ORDER

(Delivered on 1st July, 2022)

1. By this application the applicants have claimed to condone the delay of 193 days in filing Securitisation Application on the ground that the opponent bank took physical possession of the suit property on 27th January, 2022 and the said action of opponent bank was challenged by filing Writ Petition in Hon’ble Bombay High Court which has been disposed of now.

2. The opponent bank by filing reply (Exhibit-7) resisted the application.

3. Heard arguments of both the parties.

4. It is to be noted that admittedly possession of suit property was taken by opponent bank on 27th January, 2022.

5. Perused the record. The action of taking possession of suit property by opponent bank was challenged by the applicants herein by filing Writ Petition No.1478/2022 before the Hon’ble Bombay High Court which has been disposed of by Order dated 16th February, 2022 with liberty granted to the applicants to challenge this action of bank before this Tribunal.

6. This Securitisation Application and delay condonation application has been presented on 1st April, 2022. It is to be noted that Hon’ble Bombay High Court has passed Order on 16th February, 2022 and the present application is filed on 1st April, 2022. Thus, there is delay of about 06 weeks.

7. At this juncture, it is to be noted that while dealing with an application for delay condonation liberal view should have to be taken. If delay is condoned, the bank will get an opportunity to contest the Securitisation Application. Therefore, I am of the opinion that grounds for delay in filing Securitisation Application mentioned in this application are suffice to condone to the delay. Therefore, application deserves to be allowed.

8. Hence, I pass the following order:

ORDER

(A) Miscellaneous Application No.22/2022 is allowed.

(B) Delay is condoned subject to costs of Rs.500/- (Rupees Five Hundred only) to be paid to Prime Minister Relief Fund, within a week (C) After deposit of costs, Securitisation Application be registered as per rules.

Pronounced in open Court

Place : Pune Date : 01.07.2022

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

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