Chand Babu v. Canara Bank
Case brief
What is this about?
The Debts Recovery Tribunal dismissed an application for condonation of delay and the subsequent special appeal filed by borrowers challenging bank notices and sale under SARFAESI Act, holding that the appeal was barred by limitation.
What did the court decide?
The application for condonation of delay and the special appeal were both dismissed.
What the court decided
IN THE DEBTS RECOVERY TRIBI-INAL LUCKNOW
Present: A. H. Khan, Presiding Officer
Date of order 24-08-2022
S.A. No.492 of 2022
Present:-
Counsel for the applicant Mr.Shatru Counsel for the bank Mr.Vinay Shanker
1' Arguments on the delay condonation application were heard on 16-08-2022 and case was reserved for pronouncement of orders.
2' The applicants have filed the presenr SA on li-}l-22praying to quash the demand notice and possession notice issued by the bank and have further prayed to quash the sale notice, scheduled sale, sale certificate and sale deed (if any) in favour of alleged auction purchaser. Applicants have also prayed to quash the order dtd.06-05 -22 passed by ADM (F/R) Bulandshahar u/s 14 SARFAE,SI Act, 2002. Alongwith the sA, applicants have filed an application for condonation of delay alongwith affidavit (page l g to 22) of SA.
3 ' In the condonation of delay application, it is contended that on 13-07-22 one Mr.Solanki alongwith another person came to applicant,s house and asked to rzacate the house otherwise they would come alongwith police on 20-07-22 to take physical possession and provided notice dtd. Il-07-22 to the rrpplicants. That when applicants approached the bank they got the knowledge of order td.06-05 -22 passed by ADM(F/R) Bulandshahar and got photocopy of the same on 14-07-22. That on 14-07-22 applicants came to Lucknow and without any further delay case was filed. That no notice u/s 13(4) has ever been served over the applicants. That the delay caused is not deliberate and is bonafide, genuine and deserves to be condoned.
Issues for consideration
2 issues framed by the court
Whether the application for condonation of delay deserves to be allowed.
Whether the special appeal filed under the SARFAESI Act is barred by limitation.
Parties & counsel
- applicant
Applicants
- respondent
Bank
Coram
A. H. Khan
Case details
As recorded by the court registry
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