The Debt Recovery Appellate Tribunal condoned a 213-day delay in filing an appeal under Section 17 of the SARFAESI Act. The appellant challenged an order rejecting her tenancy possession claim on the grounds that Maharashtra law requires compulsory tenancy registration.
Delay of 213 days condoned; appeal accepted for posting before Registrar.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson I.A. No. 753/2023(CoD)
In
Appeal on Diary No. 1880/2023
Between
Bushra Nizamuddin Ali … Appellant/s
V/s.
Bank of Baroda & Anr.
Ms. Adeeba Khan, Advocate for the Appellant.
-: Order dated: 17/11/2023:-
The Appellant is in appeal impugning the order dated 13.02.2023 in S.A. No. 95/2022 wherein filed by the Appellant u/s. 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. (“SARFAESI Act”, for short) to protect her possession over the property which she is allegedly holding as a tenancy inherited from her father Late Syed Nizamuddin Maqsood Ali who was the original tenant in the property.
1
22.06.2010 by the present landlord the Respondent No. 2. The second Respondent who is the present landlord of the building had got an assignment of the property.
2
application for condonation of delay. There is no objection forthcoming from the Respondents to this application for condonation of delay and the explanation of financial stringency being the reason for the delay and the alleged creation of a surrender of lease subsequent to the demise of the tenant indicating a prima facie case for the Appellant’s case, I am inclined to accept the reasons for condonation of delay as sufficient and condone the delay of 213 days in filing this appeal.
Post on 22.11.2023 before Registrar.
Sd/Chairperson
rm-15
3
1 issue framed by the court
Whether the appeal against the rejection of possession claim under Section 17 of SARFAESI Act is maintainable after 213 days of delay.
1 provisions across 1 enactments
Bushra Nizamuddin Ali
Bank of Baroda & Anr.
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
