Dismissed

Vijendra and Anr. v. India Shelter Finance Corporation Limited

DRT11 Jul 2023SA/404/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal dismissed a Special Appeal filed by borrowers against a possession notice and District Magistrate's order. The Tribunal rejected the application to condone statutory delay, observing that the applicants were aware of the High Court order passed in their presence but failed to file within the mandatory period.

What the court decided

AI extract

Vijendra and Anr. versus India Shelter Finance Corporation Limited — DRT (2023) — LawSathi Research

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SA No. 404/2023

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DEBTS RECOVERY TRIBUNAL, JAIPUR PRESIDING OFFICER: SH. VIVEK SAXENA

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SA No. 404/2023

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Vijendra Son of Shri Ramlal, resident of Ward No.42, Mohalla Naya Bhadana, Near Rangpur Road, District Kota324002 (Raj.).

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Ramlal son of Shri Modulal, resident of Ward No.42, Mohalla Naya Bhadana, Near Rangpur Road, District Kota324002, Ramchandrapura, Kota-324007, Raj.

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…..Applicants

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Versus

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India Shelter Finance Corporation Limited, registered office-6^th floor, Plot no. 15m Institution Area, Sectio-44, Gurgaon, Haryana- 1220022 through Loan Officer Satyednra Singh.

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India Shelter Finance Corporation Limited, Ist Floor, 10B, Panjwani Complex, Opposite Multipurpose School, Gumanpura, Kota (Raj.)- 324007 through Authorized Officer

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…..Respondents

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Present:

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Sh. Hanuman Prasad Bairwa, Ld. Counsel for the Applicant

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Sh. Pramod Kumar, Ld. Counsel for the Respondent Bank/FI

(Final Order)

(11.07.2023)

This SA was filed on 08.06.2023.

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Availing credit facility from the Respondent FI through sanction letter dated 14.03.2015 is admitted and the applicant is now aggrieved by the possession notice (Annexure 2) and order u/s 14 of the Act of 2002 dated 27.01.2021 passed by Ld. District Magistrate Kota, under the provisions of Section 14 of the Act of 2002.

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Application u/s 5 of the Limitation Act is also filed by the SA applicant and in Para 2 of it, it is admitted that the Ld. DM, Kota passed an ex parte order dated 27.01.2021 in case no. 4/2021 GCMS No. 2021/16 titled as India Shelter Finance Corporation Limited V/s Smt. Mamta Bai.

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In para 3 it is admitted that the applicant inadvertently filed writ petition through their Advocate before the Hon’ble High Court, Jaipur and the same was disposed of, on 05.01.2023 with a liberty to approach before this Hon’ble Tribunal.

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In Para 5 of the application it is admitted that the applicants were aware with the order dated 05.01.2023 regarding dismissal of writ petition as they did not received any information and when enquired, they got the knowledge, then they applied for certified copy of order and after the said order was received by them, they filed this SA.

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Ld. Counsel for the Applicant submitted that the applicant being a poor villager was not aware with the time frame of

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Limitation and so the delay in filing of this SA may be condoned/allowed.

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Ld. Counsel for the Respondent FI while filing reply to this application u/s 5 of the Limitation Act, strongly objected the prayer and he submitted that the order dated 05.01.2023 passed by the Hon’ble High Court of Rajasthan, Jaipur in SB Civil Writ Petition No. 13619/2022 was passed in the presence of Ld. Counsel for the petitioner/SA applicant but they applied for certified copy of it on 12.04.2023, they obtained the same on 13.04.2023 but they failed to file the SA within limitation of 45 days even from the date of receiving of the order so he prayed that the Application u/s 5 of the Limitation Act is required to be dismissed.

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Heard arguments and perused the record.

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In the column of Limitation of this SA, the reference of order dated 27.01.2021 passed by Ld. DM, Kota is given and nothing is stated about filing of SA within the Limitation or without Limitation.

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In Application U/s 5 of the Limitation Act though it is admitted that the Writ Petition was filed before the Hon’ble High Court of Rajasthan at Jaipur but ignorance with regard to order dated 05.01.2023 passed by the Hon’ble High Court of Rajasthan, is claimed whereas the said order was passed in the presence of Ld. Counsel for the Writ Petitioner/SA applicant.

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The order was passed on 05.01.2023 and the applicant filed the application for obtaining certified copy of it on 12.04.2023 and

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this delay against applying for certified copy of order is sufficient to show that the Applicant was not vigilant enough to save his mortgaged property.

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Accordingly the reasons stated in the application u/s 5 of the Limitation Act are not liable to be accepted, accordingly the application u/s 5 stands disposed of as dismissed and so the SA stands disposed of as dismissed.

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Vivek Saxena Presiding Officer DRT, Jaipur

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Vijendra and Anr. v. India Shelter Finance Corporation Limited

Case brief

What is this about?

What the court decided

Vijendra and Anr. v. India Shelter Finance Corporation Limited

Case brief

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What the court decided

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