Debts Recovery Tribunal dismissed an application for securitization. The court held that the applicant concealed material facts regarding re-occupation and delay, demonstrating a lack of clean hands, thus warranting dismissal on both merits and limitation grounds.
Seuritization application (SA) dismissed; all pending interim applications disposed of.
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Court of the Presiding Officer Debts Recovery Tribunal, Jaipur
Item No. 53
Case No.SA/40/2026
VIKRAM KUMAR Vs HINDUJA HOUSING FINANCE LIMITED
Date: 02.04.2026. Proceedings through hybrid mode Present:
Shri Pulkit Arora, Counsel for the Applicant
Shri Pramod Kumar, Counsel for the Respondent Bank/FI
In this matter, arguments have been heard.
Counsel for the applicant submits that they have filed this securitization application on 08.01.2026 because the physical possession has been taken on 05.01.2026 and limitation has to be computed from 05.01.2026, when they were forcibly thrown out of the house. He admits receiving of the notices including notice under Section 13(2) and Section 13(4), sale notice, but they failed to disclose that the respondent has taken physical possession on 08.07.2025.
Whether after the applicant trespassed into the property and re-occupied the same then second time on 05.01.2026, the respondent took the possession again. Then an application is filed for condonation of delay stating that there is a 128 days delay in filing and the same should be condoned. He has quoted judgment of Hon’ble Gujarat High Court to show that the Tribunal had the power to condone the delay.
Be that it may be, There is no plausible reason in the application to condone the delay, to explain to show sufficient cause day by day. They have very carefully, deliberately and dishonestly hidden the fact that they have broken the locks and re-occupied the property which was taken into actual physical possession on 08.07.2025.
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Court of the Presiding Officer Debts Recovery Tribunal, Jaipur
The applicants have not come with the clean hands. They do not deserve any sympathy of this Court also, no delay has been explained rather the conduct of the applicant is such that they have hidden the true fact from this Tribunal to get the favorable order, therefore this securitization application deserves to be dismissed, even on the merits and also on the limitation.
Accordingly, SA stands dismissed, all pending IAs also stands disposed off, if any.
File be consigned to record as per rules. Copy of order be uploaded on website.
(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Jaipur
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2 issues framed by the court
Whether an application seeking condonation of delay deserves allowance when the applicant has concealed facts regarding re-occupation and delay.
Whether the applicant has come with clean hands by hiding the true fact of physical possession.
2 provisions across 1 enactments
Vikram Kumar
Hinduja Housing Finance Limited
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
