Debts Recovery Tribunals and Appellate Tribunals

Mr Mahadev Kisanrao Jadhav vs THE CHIKHLI URBAN CO-OP BANK LTD. on 27 February 2025

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ORDER SHEET

[SBJ]

(Diary (CA) No. 280/2024) Page 1 of 3

27.02.2025

Sr. No.26 Diary (CA) No.280/2024

Classifi

cation

No. of

Exh.

INTERLOCUTORY APPLICATION NO.1623/2024

IN

Diary (CA) No.280/2024

Mr. Mahadev s/o Kishanrao Jadhav &

others

..Appellants

Versus

The Chikhali Urban Co-operative Bank

Ltd. Chikhali & another

..Non-Appellants

Mr. K.B. Deshpande - Advocate for the appellant.

None for the Non-Appellant.

The matter is taken through Hybrid.

1. This is a Chamber Appeal at Diary No.280/2024.

2. In this matter it is submitted by the counsel for the appellant that this SA Diary No.1142/2023 was listed before the Registrar on 23.01.2024 and 29.01.2024 for removal of office objections. The learned Registrar vide order dated 29.01.2024 has declined the registration of the said Securitisation Application on the ground of non-appearance and non-removal of the office objection.

3. It is submitted by the learned counsel for the appellant that the objections to be removed was in respect of providing Translation of Panchanama from Marathi to English. The advocate of the applicants was supposed to complete the

ORDER SHEET

[SBJ]

(Diary (CA) No. 280/2024) Page 2 of 3

said assignment and place on record the Translation. The translation was ready for filing but on 26.01.2024 to 29.01.2024, he was out of Aurangabad due to his personal domestic reasons [Medical treatment issue of his close relative] unable to attend the court. It was informed to the advocate for the applicants that it was sheerly due to mistake on his part. Due to oversight has failed to note the fact about posting of the matter before the Ld. Registrar on 29.01.2024. The applicants should not be deprived of the opportunity of filing the application under Section 17 of the SARFAESI Act as they are aggrieved party. Unfortunately the SA Diary No.1142/2023 was declined to register the SA.

The counsel for the appellant submits that the applicants right may not be curtail due to mistake on the part of their advocate. Therefore, the delay caused in filing the Chamber Appeal may be condoned and the SA Diary No.1142/2023

may kindly be restored to its original position.

4. Heard.

5. In these circumstances, the Interlocutory Application No.1623/2024 shall be allowed and this delay of 13 days’ in filing the Chamber Appeal shall be condoned. The Chamber Appeal is taken up.

6. In view of the above, I pass the following order.

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ORDER

A. Interlocutory Application No.1623/2024 stands allowed and the delay of 13 days is condoned. The Chamber

ORDER SHEET

[SBJ] (Diary (CA) No. 280/2024) Page 3 of 3

Appeal is taken up. B. The Diary (CA) No.280/2024 stands allowed. C. SA Diary No.1142/2023 is hereby restored to its original position. D. List the matter SA Diary No.1142/2023 before the Registrar for removal of the objections on 19th March, 2025.

Sd/-

(Dr. J.R. Chauhan)

Presiding Officer

Debts Recovery Tribunal, Aurangabad

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