A single judge application seeking condonation of delay was dismissed for failure to satisfactorily explain the reasons for the lapse of over eight months. All pending applications were disposed of.
The single judge application was dismissed on limitation grounds; all pending IAs disposed of.
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Court of the Presiding Officer Debts Recovery Tribunal, Jaipur
Item No. 58
Case No.SA/473/2025
RAMKISHAN Vs HERO HOUSING FINANCE LIMITED
Date: 04.04.2026. Proceedings through hybrid mode Present:
Shri C P Sharma, Counsel for the Applicant
Shri Pramod Kumar, Counsel for the Respondent Bank/FI
In this matter, there is a delay of more than eight months, which is being sought to be condoned.
Counsel argues on the limitation, relying upon Para 3 which states as under:-
3. यहकिइसीमध्यप्रार्थीरामकिशनिाएक्सीडेंटहोगयार्था , जिसमेंप्रार्थीिे िाफीचोटेंआयीर्थी , जिसेठीिहोनेमेंभीिाफीसमयलगार्था।
This does not say as to when he has met with the accident and where he took the treatment. Whether he was incapacitated or not, nothing has been stated. It is also not stated as to when he recovered and he also stated that due to lack of legal knowledge it could not be done.
Counsel for the applicant relies upon Hon’ble Supreme Court stating that there are numerous judgments of Hon’ble Supreme Court stating that lenient view should be taken for condoning the delay, but on the contrary there are also numerous judgments which states that each day delay should be explained.
Leave apart each day delay, not a single day delay has been explained to the satisfaction of this Tribunal, therefore this SA deserves to be dismissed on limitation. IA under Section 5 of the Limitation Act stands dismissed.
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Court of the Presiding Officer Debts Recovery Tribunal, Jaipur
Accordingly, SA stands dismissed, all pending IAs also stands disposed off, if any. No order as to cost.
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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1 issue framed by the court
Whether the delay of more than eight months in filing the application can be condoned under Section 5 of the Limitation Act.
1 provisions across 1 enactments
Ramkishan
Hero Housing Finance Limited
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
