Debts Recovery Tribunals and Appellate Tribunals
Sukhwinder Singh Samra vs Cholamandalam Investment and Finance Co. Ltd on 2 September 2026
BEFORE THE DEBTS RECOVERY
APPELLATE TRIBUNAL, AT: MUMBAI
Present: Justice Vivek Bharti Sharma, Chairperson
I.A. No. 536/2026 (WoD)
In
Misc. Appeal Diary No. 1446/2026
Between
Sukhwinder Singh Samra
… Appellant/s
V/s.
Cholamandalam Investment and Finance Ltd. &
Anr.
…Respondent/s
-: Order dated: 02/09/2026: -
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1. Present as under:
Mr. Chandresh Rao, Counsel for Applicant/Borrower. Mr. Alok Mishra, Counsel for Respondent No.1 Mr. Gaurang Kinkhabwala along with Mr. Siddharth Samantaray, i/b Mr. Nihal L., Counsel for Respondent No.2 Auction Purchaser.
2. The matter is taken up for hearing by way of praecipe filed by the Applicant for seeking urgent relief.
3. The Learned Counsel for the Applicant/Appellant would submit that he has moved I.A. No. 536/2026 seeking waiver of the mandatory pre-deposit along with the stay application. However, the stay application is presently on diary number as the application for waiver has not yet been decided.
4. The Learned Counsel for the Respondents would submit that the Hon’ble High Court of Bombay, by its order dated 11.06.2026 has directed the DRT-II, Mumbai to decide the Securitisation Application within a period of 12 weeks. However, notwithstanding the said time- bound direction, the Applicant/Appellant has filed an application seeking amendment of the said Securitisation Application.
5. The Learned Counsel for the Respondent would submit that the present Appeal has been preferred against the rejection of the application for amendment. He would further submit that the amendment sought would substantially alter the original case and, if allowed, would entitle the Applicant/Appellant to seek relief which is otherwise barred by limitation.
6. The Learned Counsel for the Respondents would submit that an opportunity be granted to file a reply so as to bring all the relevant facts on record.
7. The Respondents are granted an opportunity to file their reply within one week with an advance copy thereof to be furnished to the Applicant/Appellant.
8. List the case on 11.09.2026 for hearing. Sd/- Chairperson Psa-02