Debts Recovery Tribunals and Appellate Tribunals
Mr Umesh Maruti Borahade vs Bank Of Maharashtra on 3 May 2019
Presented on:
12.10.2017
Registered on:
03.02.2018
Decided on:
03.05.2019
Duration:
Y M D
1 6 21
IN THE DEBTS RECOVERY TRIBUNAL AT PUNE
MISCELLANEOUS APPLICATION No.5/2018
TOTAL CLAIM AMOUNT–Rs.3,95,096/-
1.
Mr. Umesh Maruti Borahade,
Age : adult, Occup: Service,
2.
Mrs.
Manisha
Umesh
Borahade, Age: adult, Occup:
Housewife, Both: R/at : Flat
No.02, 1st floor, Vishnupriya
Apartment
Condominium,
Sinhgad
Road,
Final
Plot
No.570, S.No.124/IA, Parwati,
Pune – 411 007.
… Applicants
Versus
1. The Authorized Officer,
Bank of Maharashtra,
Bajirao Road, Budhwar Peth,
Pune – 411 002.
2. The Branch Manager,
Bank of Maharashtra,
Bajirao Road, Budhwar Peth,
Pune – 411 002.
… Defendants
APPEARANCES
For the Applicant
Mr. N K Khasbardar - Advocate
For Defendants
None
Shri Deepak M. Thakkar
Presiding Officer
JUDGMENT PRONOUNCED ON : 03.05.2019
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JUDGMENT
1. The applicants seek to condone the delay of nine (09) days in filing the securitization application challenging the action and measures taken by defendant no.1 and 2.
2. It is the case of the applicants that the delay was caused as applicant no.2 was indisposed for the reasons set out in the medical certificate. The medical practitioner advised applicant no.2 to take rest for one (01) month. The applicant no.1 is the husband of applicant no.2 who was required to take care of the applicant no.2.
3. In the aforesaid circumstances, the delay was caused by a period of nine (09) days.
4. Despite service defendant nos.1 and 2 did not choose to appear.
5. In view of the statement made by the applicants in paragraph no.5.12 of the application, I am inclined to
condone the delay of nine (09) days.
6. In view of the above, I pass the following order:
ORDER
(A) MA No.5/2018 is allowed with no order as to cost. (B) Registrar is directed to register the securitisation application in accordance with law. Sd/- (Deepak M Thakkar) Presiding Officer Debts Recovery Tribunal, Pune