AAYUB KHAN MUNER KHAN vs DCB BANK LIMITED on 7 October 2025

ORDER SHEET

[SBJ] (Diary (CA) No. 1366/2025) Page 1 of 4

07.10.2025

Sr. No.10 Diary (CA) No.1366/2025

Classifi

cation

No. of

Exh.

INTERLOCUTORY APPLICATION NO.2250/2025

IN

Diary (CA) No.1366/2025

Aayub Khan Muner Khan

..Appellant/s

Versus

DCB Bank, through its

Authorised

Officer

&

Others.

..Non-Appellant

Sunita Sonawane- Advocate for the appellants.

None for the Non-Appellant.

1. By

this

Interlocutory

Application

No.2250/2025, the appellant is seeking for condonation of 101 days’ delay in filing the Chamber Appeal and restoration of the SA

Diary No.408/2025 to its original position.

2. This

is

a

Chamber

Appeal

at

Diary

No.1366/2025.

3. In this matter submitted by the counsel for the appellant that the Securitisation Application Diary No.408/2025 has been moved before this Tribunal challenging the order of the learned Chief Judicial Magistrate, Aurangabad dated 12.01.2022 passed in Criminal Miscellaneous

ORDER SHEET

[SBJ] (Diary (CA) No. 1366/2025) Page 2 of 4

Application

No.3878/2021

filed

by

the

respondent bank under Section 14 of the

SARFAESI Act, 2002 with the order dated

08.01.2025 passed by the Addl. Chief Judicial Magistrate (Court No.1), Aurangabad in Criminal Miscellaneous Application No.2208/2023. The Chief Judicial Magistrate, Aurangabad had kept the matter for hearing but the without hearing the respondent Nos.2

to 4 have passed the erroneous order against the respondent Nos.2 to 4 on 12.01.2022 in Criminal Misc.

Application

No.3878/2021,

directing the respondent Nos.2 to 4 to hand over the possession of the suit property.

4. It is further submitted by the counsel for the appellant that this SA Diary No.408/2025 was listed before the Registrar on 06.05.2025 for hearing before the Registrar, DRT, Aurangabad and the same was adjourned to 21.05.2025 for removal of office objections. The learned Registrar vide order dated 21.05.2025 has declined the registration of the said Securitisation Application Diary No.408/2025

on the ground of non-appearance and non- removal of the office objections.

5. It is submitted by the learned counsel for the appellant that the appellant was not present on the said date of hearing due to some medical emergency in the family. Advocate of the

ORDER SHEET

[SBJ] (Diary (CA) No. 1366/2025) Page 3 of 4

appellant was also remained absent. The

absence of the appellant was neither willful nor deliberate. The respondent bank has taken the possession of the property on 07.08.2025. As such, the appellant was unaware of the fact of listing of the matter before the Ld. Registrar since dated 21.05.2025. As such, the appellant has filed the present Chamber Appeal against the order dated 21.05.2025 passed by the learned Registrar.

6. Unfortunately, the SA Diary No.408/2025 was declined to register the SA. It is not intentional and deliberate. Therefore, the delay caused in filing the Chamber Appeal may be condoned and the SA Diary No.408/2025 may kindly be restored to its original position.

7. Heard.

8. In

these

circumstances,

the

Interlocutory

Application No.2250/2025 is liable to be allowed and this delay of 101 days’ in filing the Chamber Appeal to be condoned. The Chamber Appeal is taken up.

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