Debts Recovery Tribunals and Appellate Tribunals
Mr Pavan Sadashiv Misal vs Union Bank Of India on 24 November 2022
Presented on:
18.01.2018
Registered on:
04.06.2018
Decided on:
24.11.2022
Duration:
Y M D
4 10 6
IN THE DEBTS RECOVERY TRIBUNAL AT PUNE
(Before Shri Dilip G. Murumkar, Presiding Officer)
MISCELLANEOUS APPLICATION No.29/2018
Mr. Pavan Sadashiv Misal
Age: Adult, Occ: Business
R/at
–
Kamal
Niwas,
S.No.28/4/1B, Munjoba Vasti,
Opp.
‘Harsh’
Hospital,
Dhanori, Pune – 411 015.
… Applicant
Versus
1. Authorized Officer
Union Bank of India
6/7,
Jeevan
Prakash,
LIC
Building, Shivajinagar, Pune-05
2. Union Bank of India
6/7,
Jeevan
Prakash,
LIC
Building, Shivajinagar, Pune-05
3. Mr. Kunal Acharya
Age: Adult, Occupation: Service
Union Bank of India
Balewadi Branch, Pune.
4. Mr. Pravin Shinde
Age-
Adult,
Occ:
Tax
Consultant
Address: C/o. Pravin Shinde
Associates,
Mayur
Trade
Center,
A-Building,
Office
No.Q-204,
2nd
floor,
Opp.
Pimpri-
Chinchwad
Police
Station,
Chinchwad,
Pune-
411018.
5. Mr. Atul Vedpathak,
Age-Adult, Occ: Business, Prop.
M/s Kalpa Interior Design &
Civil Works,
Shop
No.
9
Shivaji
Park
Sonigara
Residency,
Nadhenagar, Kalewadi, Pimpri,
Pune – 411017.
6. Shri. Shankar Shrimant Khaire
Age- Adut, Occ: Not known,
R/at : Gate No. 57, M No. 1257
Near
Railway
Gate,
Dalvi
Nagar,
Chinchwad
Pune
411033.
… Opponents
APPEARANCES
For the Applicant
Mr. Mandar Pandit - Advocate
For Opponent Bank
Mr. V S S P Sarma - Advocate
Opponent Nos.3, 4 and 6
None (Ex parte)
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ORDER
(Delivered on 24th November, 2022)
1. The Applicant has filed this application for condonation of delay of 33 days in filing Securitization Application.
2. The facts mentioned in the Application can be summarized as under:
The applicant is a Borrower who had taken Loan from the Defendant No. 2 Bank by mortgaging suit Property, he failed to repay the loan. Hence, Bank started to take measures in SARFAESI Act. On 02.11.2017 the defendant Bank took Symbolic Possession of the Suit Property.
3. The Application was to be filed within 45 days from the date of taking Symbolic Possession of suit Property. Further, old parents of the applicant resides at Baramati. On 30.11.2017, mother of applicant died. Thereafter, the father of the applicant was taking medical treatment for chest pain and therefore, the applicant was constrained to reside at Baramati.
4. In the meantime, period of limitation came to an end. Therefore, applicant came to Pune and approached Advocate and filed this Application. The delay of 33 days took place for filing the Securitization Application. Hence, he prayed for granting relief of delay condonation.
5. The defendant Bank by filing Reply (Exhibit-15) resisted the application.
6. Heard both parties. Perused the record.
7. The contentions in the Application are supported by documentary evidence. The delay is of only 33 days in filing Securitization Application.
8. While dealing with the delay condonation Application Court shall take liberal view. In the present case, grounds for delay appears to be adequate and therefore, the application deserves to be allowed.
9. Hence, I pass the following order:
ORDER
(A) The Application is allowed. (B) The delay caused in filing Securitization Application is hereby condoned subject to cost of Rs.5,000/- (Rupees Five Thousand only) to be paid to Prime Minister’s Relief Fund within the period of two weeks from the date of this order. (C) After payment of cost, Securitization Application be registered.
Pronounced in open Court
Place : Pune Date: 24.11.2022 Sd/- Dilip G Murumkar) Presiding Officer Debts Recovery Tribunal, Pune