The Debts Recovery Tribunal dismissed a Securitization Application filed by a wheel bidder who failed to prove condonation of delay. The court held that after the High Court dismissed a writ petition, no ground existed to approach civil courts, rendering the application time-barred.
The Securitization Application was dismissed as being beyond limitation.
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.
DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH
SA/185/2022 SHRI GURCHARAN SINGH Vs PUNJAB NATIONAL BANK
09.06.2023 Item No.39
Present: Sh. Vivek Verma, Counsel for the Applicant. Sh.Gaurav Thakur, proxy for Sh.Anirudh Gupta, Counsel for respondent No.1/bank alongwith Sh.Kunal Goyal, Law Officer. Sh.Sachin Sharma, for Sh.Yogesh Kumar, Counsel for respondent No.2 and 3. Sh.Ayush Gupta, for Sh.Nitin Jain, Counsel for respondent No.4.
Gurcharan Singh (Applicant) has filed the present Securitization Application under Section 17 of the SARFAESI Act, against Authorized Officer, Punjab National Bank and others (Respondents).
Admittedly, applicant is neither the borrower nor the guarantor. He had participated in an e-auction which was conducted by the Bank under the SARFAESI proceedings, in respect of an industrial plot, situated at Delhi. The e-auction was held on 30.03.2021 and the present SA was filed on 06.08.2022. Apparently, the SA is beyond limitation. However, Mr.Verma, counsel for the applicant has argued that earlier applicant had filed WP(C) No.735/2021 in the Hon’ble Jammu and Kashmir High Court, which was dismissed vide order dated 05.08.2021. Thereafter, applicant had approached the Civil Court and filed Civil Suit No.104/2021 before Civil Judge, Senior Division, Kathua, which was also dismissed on 23.06.2022. Thereafter, applicant filed the present SA on 06.08.2022. In the SA, applicant claims that he has also made request for condonation of delay under Section 14 of the Limitation Act and it is stated that applicant was availing civil remedies under the bona fide belief that the courts, which he had approached, had the jurisdiction.
I am of the considered view that after the judgment of the Hon’ble High Court, there was no ground at all for him to approach the civil court. The present SA is beyond limitation. The same is hereby dismissed . File be consigned to record room after due compliance.
(A S Narang) Presiding Officer DRT-I, Chandigarh
MANOJ
2 issues framed by the court
Whether an application filed by a wheel bidder under Section 17 of the SARFAESI Act beyond the period of limitation, without successful condonation of delay, is maintainable.
Whether the applicant was justified in approaching the civil court after the dismissal of his writ petition.
2 provisions across 2 enactments
Gurcharan Singh
Punjab National Bank
Yogesh Kumar
Nitin Jain
A S Narang
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
