Debts Recovery Tribunals and Appellate Tribunals
SHRI VIJAY VITTHAL HARPALE vs AU SMALL FINANCE BANK LIMITED on 29 November 2022
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
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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