The DRT dismissed an application for condonation of delay. It registered the Securitisation Application only regarding possession but disposed of the main application as infructuous since the scheduled possession date had already passed.
Interlocutory Application dismissed; Securitisation Application disposed off as infructuous.
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.
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
| 20.01. Sr. No |
2024 .06 DIARY No. 38/2024 |
|
|---|---|---|
| Classific ation |
No. of Exh. |
|
| Interlocutory Application No.55/2024 IN DIARY NO. 38/2024- SA No.21/2024 |
||
| Jitendra Gulabao Nandre ..Applicant Versus Aspire Home Finance Corporation Limited ..Respondents Mr. N.B. Patekar - Advocate for the applicant. Mr. M.G. Kedar – Advocate for the respondent bank. The matter is taken through Video Conference. 1. In this matter the learned counsel for the applicant argues the matter submitting that after the demand notice he has paid Rs.1,00,000/- (Rupees One Lac only) and their settlement proposal is under consideration. |
||
| 2. The Securitisation Application has been challenged the possession to be scheduled on 10thJanuary, 2024 which is already gone. No possession has been taken. |
||
| 3. It is submitted in the pleadings that on 21stNovember, 2022 they had deposited Rs.1,00,000/- (Rupees One Lac only). This is clearly after the District Magistrate has passed the orders. This shows that the applicant has not paid the amount after demand notice but only after the District Magistrate’s orders have been passed and thus they are very well in the knowledge of the same. |
[SBJ] (Dairy no. 38/2024) Page 1 of 2
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
| 4. In view of this, the Interlocutory Application No.55/2024 |
|---|
| for condonation of delay stands dismissed. The |
| Securitisation Application be registered qua only |
| possession. Since the date of possession has already gone, the Securitisation Application has become infructuous and shall be disposed off accordingly |
| 5. In view of the above, I pass the following order through video conferencing: ORDER |
| A. The Interlocutory Application No. No.55/2024 stands dismissed. |
| B. The Diary No.38/2024 stands allowed only qua of possession. |
| C. The Securitisation Application be registered qua only on possession. |
| D. Since the date of possession has already gone, the |
| Securitisation Application No.21/2024 has become infructuous and stands disposed off accordingly. |
| E. All interlocutory applications disposed off accordingly. |
| F. File be consigned to the record room. |
| (Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad |
[SBJ] (Dairy no. 38/2024) Page 2 of 2
2 issues framed by the court
Whether to condone the delay in the Interlocutory Application.
Whether the Securitisation Application can be registered when the date of possession has passed.
Jitendra Gulabao Nandre
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
