P&H HC | DRT has jurisdiction under S. 5 of Limitation Act to condone delay if application filed with Securitization Application

Punjab and Haryana High Court

Punjab and Haryana High Court: This petition was filed before a Division Bench of Amit Rawal and Arun Kumar Tyagi, JJ. against the impugned order passed by the Debts Recovery Tribunal-II, Chandigarh whereby an application for condonation of delay accompanied by Securitization Application was dismissed, being barred by 52 days.

Petitioner submitted that an order passed by this court held that DRT had jurisdiction to entertain an application for condonation of delay lest accompanied with Securitization Application. It was viewed that the explanation provided in the application was reasonable. The DRT should not have dismissed the application and decided the same in limine. The case of Esha Bhattacharjee v. Raghunathpur Nafar Academy, (2013) 12 SCC 649 was referred to wherein the principles applicable to an application for condonation of delay were given.

High Court observed that the securitization application filed against the measures taken under Section 13(4) of the SARFAESI Act was dismissed being barred by 52 days. DRT’s jurisdiction under S. 5 of the Limitation Act was not disputed and it should not have adopted harsh approach by not condoning the delay as per the principles laid down in Esha Bhattacharjee case. Therefore, the impugned order was set aside and the DRT (II), Chandigarh was directed to decide the case on merits. [Ajmer Enterprises v. Debt Recovery Tribunal, 2019 SCC OnLine P&H 4, decided on 04-01-2019]

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