The Debts Recovery Tribunal dismissed a Special Appeal filed against a possession notice issued by the respondent. The Tribunal held the application not maintainable due to lack of territorial jurisdiction and declared it time-barred.
The Special Appeal was dismissed as not maintainable and time-barred.
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Debts Recovery Tribunal-II' Delhi
sN36312022
lWs Om Cardmom & Ors Vs AmbitFinvest Pvt. Ltd.
08.t2.2022
Supplementary Item no. 0l
Present: Sh. Sanjeev Srivastava, Counselfor the SA applicants None for the respondent FI
Matter is taken through VC
IA No. 3055-305712022
l. The present SA has been filed on 03.12.2022, by the applicants, being aggrieved by the impugnedpossession notice dated 16.11.2022, issued by the respondent FI, for taking physical possession on 08.12.2022, of their residential property bearing Old House No.72, New House No.06, admeasuring ll7 sq. yds., situated at Bhood, Bharat Nagar, Ghaziabad (UP) - 201009 (hereinafter referred to as the "property in question"). 2. Counsel for the SA applicant submits that a dispute had arisen on application of higher rate of interest by the respondent FI, as against the agreed rate of interest and the applicants had been paying, regular installments till September 2021, when there was a quarrel on the issue. A civil suit has been filed by the applicants against the respondent FI, which is pending adjudication. The respondent FI has unilaterally classified the account as NPA; neither served the notice dated 24.01.2022,Uls 13(2) of the SARIAESI Act,2022; nor replied to their objections dated 06.05.2022, duly received by them on 10.05.2022; nor registered the charge with CERSAI, as is evidenr from a report generated on24.11.2022. They had issued a possession
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notice dated 22.04.2022 and have now served a notice dated 16.11.2022, to take physical possession on 08.12.2022, after obtaining orders dated 30.07.2022, from the ADM (Finance & Revenue), Ghaziabad.
t-, _ ^ c-A
(Deepak Nath Tiwari) Presiding Officer, DRT-III, Delhi Additional Charge DRT-II, Delhi
nr
2 issues framed by the court
Whether the Special Application is maintainable given the territorial jurisdiction of the property lies outside the Tribunal's area.
Whether the Special Application is time-barred in light of the previously issued possession notice.
Om Cardmom & Ors
AmbitFinvest Pvt. Ltd.
Deepak Nath Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
