The Tribunal allowed an application for condonation of delay, relying on a medical certificate as prima facie evidence of bona fides. Citing the Apex Court, it postponed merit consideration to assess the explanation's sincerity.
Condonation of 14 days delay in filing the application; S.A. to be restored to file upon compliance.
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Before Harish Kumar Kaushik, Presiding Officer DRT-II, Mumbai
Order In Miscellaneous Application No.65 of 2024 In Securitisation Application No.229 of 2024
Instituted on : 22.05.2024 Registered on : 27.05.2024 Decided on : 20.02.2025
Gyanti Lavkush Chauhan
... APPLICANT
V/s.
Cholamandalam Investment and Finance ...RESPONDENT Company Ltd.
Argued By –
Mr Rajesh Nagori i/b Ms Neelam S., Advocate for the Applicant.
Mr Alok Mishra, Advocate for the Respondent.
O R D E R
Page 1 of 4
amount ₹1,00,00,000/-, on 26.11.2015 for an amount ₹52,00,000/and finally on 30.03.2017 for an amount ₹1,90,00,000/-.
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Keeping in mind the medical certificate, the Tribunal is of the opinion that there was a proper and sufficient cause which prevented the Applicant from filing the S.A. within time.
Sd/-
(HARISH KUMAR KAUSHIK) PRESIDING OFFICER DRT-II, MUMBAI
Akhila/Radhika – 18
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| 20.02.2025 | Exh. | Roznama-MDRT-II M.A. No.65 of 2024 |
Next date |
|---|---|---|---|
| Mr Rajesh Nagori i/b Ms Neelam Morey S., Advocate for the Applicant. Mr Alok D. Mishra, Advocate for Respondent. |
|||
| Order in M.A. No.65 of 2024 passed separately. |
|||
| nrb - 18 | S.A be restored to file after due compliance. Sd/- P.O. DRT-II |
Closed |
Page 4 of 4
3 issues framed by the court
Whether the condonation of delay should be granted based on the medical certificate proving bona fides.
Whether the Tribunal ought to decide the merits of the matter or merely consider the bona fides of the explanation.
Whether the delay of 14 days in filing the application under Section 17 is to be condoned.
Colour shows how this judgement treated each authority
H. Guruswamy & Ors Versus A. Krishnaiah Since Deceased by LRsRelied on¶19
H. Guruswamy & Ors Versus A. Krishnaiah Since Deceased by LRs dated 02.04.2024
1 provisions across 1 enactments
Gyanti Lavkush Chauhan
Cholamandalam Investment and Finance Company Ltd.
Harish Kumar Kaushik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
