The Debts Recovery Tribunal dismissed a securitization application filed against Hero Housing Finance Ltd. as time-barred under the Limitation Act, rejecting the applicants' claim of non-residence.
The Application U/s 5 of the Limitation Act is disposed of as dismissed; no other relief granted.
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.
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SA/249/2019
DEBTS RECOVERY TRIBUNAL, JAIPUR PRESIDING OFFICER: SH. VIVEK SAXENA
SECURITIZATION APPLICATION No.- 399/2023
1. KUTEN CHANDRA BARMAN S/o Late Sh. Nrapen Barman R/o 630, Near Vivek Vihar Metro Station, New Sanganer Road, Jaipur
2. SMT. SUMITRA BARMEN W/o Sh. Kuten Chandra Barman R/o 630, Near Vivek Vihar Metro Station, New Sanganer Road, Jaipur
………Applicants
Versus
HERO HOUSING FINANCE LTD.
Branch Manager, Regd. Address – 9, Community Canter, Basant Lock, Basant Vihar, New Delhi 110057
---- Respondent FI
Counsel –
Sh. Rakesh kumar Rucheti and Sh. Rahul Soni, Ld.
Counsel for the Applicant
Sh. Pramod Kumar, Ld. Counsel for the Respondent Bank/FI
(Final Order)
(21.06.2023)
was filed on 09.06.2023, and the SA is well within the Limitation.
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SA/249/2019
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SA/249/2019
mortgaged property as per details given in Affidavit from page no. 34 to 37 at Annexure R/3, so it is clear that the SA applicant were having knowledge of symbolic possession taken by the Respondent FI since 21.11.2022, whereas they are claiming limitation from 11.04.2023, which is factually incorrect.
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SA/249/2019
defaults wince 08.05.2022, and from the perusal of documents, filed at Annexure-R/3, it is clear that Symbolic Possession Notice was issued on 21.11.202, it was dispatched on 23.11.2022, it was published in two leading newspapers and it was also affixed on the subject mortgaged property.
Presiding Officer DRT, Jaipur
(Vivek Saxena)
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SA/249/2019
2 issues framed by the court
Whether the securitization application filed on 09.06.2023 is barred by limitation as the symbolic possession took place on 11.04.2023.
Whether the tenant verification report obtained on 23.06.2022 successfully explains the failure to file the application within the prescribed period.
1 provisions across 1 enactments
Kuten Chandra Barman
Smt. Sumitra Barman
Hero Housing Finance Ltd.
Vivek Saxena
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
