In a miscellaneous application, the applicant sought condonation of a 500+ day delay in filing a Securitisation Application, citing ignorance of law and family illness. The Presiding Officer found these grounds insufficient and dismissed the application.
The miscellaneous application for condonation of delay is dismissed.
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.
Presented on: 30.12.2024 Registered on: 30.12.2024 Decided on: 27.03.2025 Duration: Y M D
IN THE DEBTS RECOVERY TRIBUNAL AT PUNE (Before Shri Dilip G. Murumkar, Presiding Officer) MISCELLANEOUS APPLICATION No.39/2024
Mr. Ashok Krishnarao Borkar Adult, Indian R/at: Plot No.13, Vivek Nagar, S.No.24/2, Shreedhar Nagar Society, Satara Road, Hemy Still Mage, Dhankawdi, Pune – 412 043.
Versus
… Applicant
...Defendants
[Kaur] (MA No.39/2024) Page 1 of 4
APPEARANCES
| For the Applicant | Mr. Nilesh P. Zalte - Advocate |
|---|---|
| For Defendant No.1 | Mrs. Sudha Koloti - Advocate |
Judgment (Delivered on 27th March, 2025)
It is contended by the applicant that there is delay of four days in filing the Securitisation Application. It is contended that he has no knowledge of law and his father was ill and due to these grounds delay in filing Securitisation Application has been caused. Therefore, delay may be condoned
[Kaur] (MA No.39/2024) Page 2 of 4
Findings:
As to Point Nos.1 and 2
Reasons
[Kaur] (MA No.39/2024) Page 3 of 4
applicant has filed the Securitisation Application on 3rd December, 2024. Hence, there is delay of more than 500 days. Therefore, in my opinion grounds mentioned in this application are not adequate to condone the delay. Therefore, application is liable for dismissal.
Therefore, by answering these points accordingly, I pass the following order:
ORDER
A. The application is hereby dismissed.
Pronounced in open Court
Sd/(Dilip G. Murumkar) Place : Pune Presiding Officer Date 27.03.2025 Debts Recovery Tribunal, Pune
[Kaur] (MA No.39/2024) Page 4 of 4
2 issues framed by the court
Whether the grounds of lack of legal knowledge and family illness constitute sufficientcause to condone a delay exceeding 500 days in filing a Securitisation Application.
What order should be passed regarding the dismissed application?
Ashok Krishnarao Borkar
Tata Capital Housing Finance Ltd.
Anita Ashok Borkar
Dilip G. Murumkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
