Court No. - 6
Case :- WRIT - C No. - 31662 of 2019 Petitioner :- Meera Devi And Another Respondent :- Debt Recovery Appellate Tribunal, Allahabad And 6 Others Counsel for Petitioner :- Sujeet Kumar,Zain Abbas Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioners and learned Standing Counsel. None has appeared for the respondent no.2 although a copy has been received on its behalf.
Bearing in mind the nature of order which this Court proposes to pass, notice need not issue to the unserved respondents.
This petition impugns the order passed by the Debt Recovery Tribunal as as well as the order passed by the Debt Recovery Appellate Tribunal dismissing the application for condonation of delay and consequential rejection of the application made by the petitioner seeking to assail the proceedings initiated under section 13(4) of the SARFAESI Act, 2002. The Debt Recovery Tribunal as well as the Debt Recovery Appellate Tribunal have recorded that despite having knowledge of the initial notice as well as the subsequent action taken under Section 14 of the Act, 2002, the proceedings were not initiated within the time stipulated in the Act, 2002. There was no plausible explanation furnished by the petitioner to explain the delay. The view so taken is not shown to suffer from any manifest error.
The petition fails and is consequently dismissed.
Order Date :- 27.9.2019 Vivek Kr.