Debts Recovery Tribunals and Appellate Tribunals

SHRI VIJAY VITTHAL HARPALE vs AU SMALL FINANCE BANK LIMITED on 29 November 2022

Cites 0, Cited by 0

Presented on:

05.03.2019

Registered on:

14.03.2019

Decided on:

24.11.2022

Duration:

Y M D

3 8 19

IN THE DEBTS RECOVERY TRIBUNAL AT PUNE

(Before Shri Dilip G. Murumkar, Presiding Officer)

MISCELLANEOUS APPLICATION No.17/2019

1.

2.

3.

4.

Shri. Vijay Vitthal Harpale

Shri. Sagar Vitthal Harpale

Shri. Vitthal Baban Harpale

Smt. Surekha Vitthal Harpale.

All

R/at:

183,

Phursungi,

Saswad

Road,

Near

New

Power House, Pune -412308.

… Applicants

Versus

AU Small Finance Bank Ltd.

Having

Office

at:

301-302,

Atharva Feryaz Plaza, Pune –

Satara Road, Pune – 411043.

…Opponent

APPEARANCES

For the Applicants

Mrs. Madhuri R Vaidya - Advocate

For Opponent Bank

Mrs. Rinku Agarwal- Advocate

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

ORDER

(Delivered on 29th November, 2022)

1. By this application the applicants have claimed to condone the delay in filing Securitization Application.

2. It is contended by the applicants that the opponent bank took possession of suit property on 14th November, 2018 and therefore, the applicant had filed the Writ Petition (Stamp) No. 32685/2018 before the Hon’ble High Court which was disposed of on 30th January, 2019.

3. As observed by the Hon’ble High Court applicants filed the Securitization Application in this Tribunal on 5th March, 2019. The delay caused in filing Securitization Application is because the litigation was pending before the Hon’ble High Court. Therefore, the application may be granted. The applicants claimed to condone the delay, if caused.

4. The opponent bank by filing Reply (Exhibit-18) resisted the application.

5. Heard both parties.

6. Perused the record. It appears that on 14th November, 2018 the opponent bank took physical possession of suit property and the same was challenged by applicants by filing Writ Petition before the Hon’ble High Court which was disposed of by Order dated 30th January, 2019.

7. The present Securitization Application is filed along with this application on 5th March, 2019. The period of pending litigation in the Hon’ble High Court which was from 14th November, 2018 to 30th January, 2019 is required to be excluded from computation of period of limitation.

8. The Securitization Application is filed on 5th March, 2019 i.e. within 45 days i.e. within period of limitation from the date of disposal of Writ Petition by Hon’ble High Court i.e. on 30th January, 2019. In view of these observations, it appears that there is no delay caused in filing Securitization Application.

9. Therefore, I pass the following order:

ORDER

(A) The Application is disposed of. (B) There is no delay in filing the Securitization Application. (C) The Securitization Application be registered as per Rules.

Pronounced in open Court.

Place : Pune Date: 29.11.2022 Sd/- (Dilip G. Murumkar) Presiding Officer Debts Recovery Tribunal, Pune

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead