C Kannan vs Dewan Housing Finance Corporation Limited on 25 November 2022

O R D E R

1. The Petition filed by the Petitioner(s) is for condoning the delay of 1492 days in filing the Restoration of the SARFAESI Application in SA No.226/2013, which was dismissed for default on 18.08.2018 by this Tribunal.

2. The Petitioner(s) was directed to issue a notice to the Respondent/FC and the notice was duly served and acknowledged by the Respondent/FC and the proof of service was also filed before this Tribunal. However, the Respondent/FC neither appeared before this Tribunal nor filed any counter in the petition filed by the Petitioner(s)/Applicant(s).

3. Though, the Respondent/FC has not filed any counter in the petition filed by the Petitioner, the reason as stated in the petition filed by the Applicant(s) to condone the substantial delay of 1492 days is not explained in a manner known to the law before this Tribunal except stating that the 1st Petitioner underwent medical treatment in a hospital several months and died on 15.05.2021. However, the other petitioner(s) also have not taken any effective steps to prosecute the SA in a diligent manner, which resulted in the dismissal of the SA on 18.08.2018. It is pertinent to state that the Tribunal has clearly recorded in its order dated 18.08.2018 that “The case is posted today for enquiry, no Representation by the Counsel for the Applicant continuously for the past several hearings. Applicant called absent, SA dismissed for default”. Therefore, it is clearly revealed that the SA having filed in the year of 2013 and the case is taken up for enquiry during the year of 2018 and the Applicant having failed to prosecute the case for about 5 years in a SARFAESI proceeding initiated under the Act and on dismissal of the SA for default on 18.08.2018, the filing

MA 196/2022 in SA 226/13

of the present petition in seeking condonation of substantial delay of 1492 days for Restoration of the SA is not found to be a bonafide or genuine reason. Furthermore, the petition found to have filed by the LRs of the deceased Applicant in SA No.226/2013. It is a fact that the Applicant was alive from the date of filing of the SA on 03.10.2013 to 15.05.2021, the day on which the Applicant died, which is about eight years after filing of the SA by the Applicant.

4. The Petitioner(s) in the petition is only highlighted that the legal heirs are to be impleaded in the case and the SA is required to be restored back to the file on condoning the delay. This Tribunal having considered the facts and the circumstances of the case in hand finds no merits to allow the condonation of delay of the substantial delay of 1492 days and restore back the SARFAESI Application filed by the deceased Applicant. The Restoration of the SA at this belated stage is also not in accordance with the object of the SARFAESI Act as the disposal of the SA itself to be completed within a specific period of time. Hence, there is no merits in the petition. This petition is liable to be dismissed by this Tribunal.

5. In the result, this M.A.196/2022 is dismissed with no order to cost and consequentially; the petition filed to restore the SA stands rejected.

Sd/-

(M.P.BALASUBRAMANIAN)

PRESIDING OFFICER (i/c)