The Appeal Tribunal allowed the appellant's plea to condone the delay in filing an appeal impugning a judgment under the SARFAESI Act. The order also fixed the matter for future hearing.
Application for condonation of delay in filing appeal is allowed; matter listed for hearing.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
I.A. No. 105/2025(CoD) In
Appeal on Diary No. 36/2025
Between
Asset Reconstruction Company (India) Ltd. … Appellant/s
V/s.
Sunita Tarachand Khurana & Ors. …Respondent/s
Mr Charles De Souza, i/b M/s Merakin Chamber, Advocate for Appellant ARC.
The matter is taken up for hearing by way of a praecipe filed by the appellant ARC for seeking urgent relief.
The appellant is in appeal impugning the judgment dated 04.10.2024 allowing Securitisation Application (S.A.) No. 379 of 2019 quashing the Sarfaesi measures initiated by the respondent ARC for recovery of the debt allegedly due from the respondents under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARAFESI Act”, for short). There is a delay of 65 days in filing this appeal.
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Gujarati language were required to be translated and hence, the delay was caused. since the respondents do not appear to oppose the application despite being served with the notice. I find that there is no objection. The reasons for the delay are well explained. Hence, the application is allowed.
The appeal shall be taken on filed in case there are no other defects to be cured.
Lis the matter on 14.02.2025 for hearing.
Sd/-
Chairperson
mks-05
2
Asset Reconstruction Company (India) Ltd.
Sunita Tarachand Khurana
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
