- (1.) This writ petition is directed against an order passed by Debts Recovery Appellate Tribunal, Allahabad, dated 12th July, 2016, rejecting the petitioner's application for condonation of delay in Securitization Appeal No.159 of 2016.
(2.) Facts, in brief, giving rise to filing of the present writ petition are that respondent Bank sanctioned three credit limits for appropriate sum of Rs.65 lacs in the year 2004 and 2005 to the petitioner. In order to secure this credit limit, petitioner mortgaged property belonging to him. The petitioner failed to repay the amount in terms of agreement, and as such the loan account was classified as non-performing asset. A notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 was issued on 16.3.2009 demanding a sum of Rs.70,83,430.76 plus interest. It is claimed that the matter was settled in Lok Adalat, organized by DRT Patna, for a sum of Rs.72.90 lacs, but only a sum of Rs.31.92 lacs was deposited, and the petitioner failed to deposit the balance amount. Consequently, the respondent Bank proceeded to issue a notice under Section 13(4) of the Act on 22.1.2011. A notice for the auction of mortgaged property was issued on 4.5.2011, fixing 7.6.2011 as the date for auction. On this date, the mortgaged property was auctioned for a sum of Rs.1.25 crore to the auction purchaser. At this stage, petitioner preferred Securitization Appeal No.162 of 2011 before DRT Patna, which came to be disposed of on 19th December, 2013 with a direction upon the Bank to supply fresh calculation within 07 days. An opportunity was given to the petitioner to retain his property by paying the amount as disclosed by the Bank within one month with the rider that any failure shall result in Bank handing over possession to auction purchaser.
(3.) It appears that instead of challenging the order passed by the DRT Patna on 19.12.2013 by way of an appeal under Section 18 of the SARFAESI Act, the petitioner moved a Misc. Application No. 25 of 2014, on 17.1.2014, seeking review of the order. This application was decided on 25.3.2014. A writ petition thereafter was presented before the Patna High Court, being Writ Petition No.11982 of 2014, challenging the orders passed by the DRT Patna dated 19.12.2013 and 25.3.2014. This writ petition remained pending, and ultimately was dismissed on 27.4.2016, on the ground of alternative remedy available to the petitioner of preferring an appeal. It is stated that this order came to the knowledge of petitioner on 25th May, 2016, and its copy was applied on 6.6.2016, whereafter Appeal Securitization No.159 of 2016 has been preferred before the Debts Recovery Appellate Tribunal, Allahabad on 21st June, 2016. An application for condonation of delay was also filed, which has been rejected by the order impugned. The Debts Recovery Appellate Tribunal, after relying upon the judgments of the Apex Court in Ajit Singh Thakur Vs. State of Gujarat, 1981 1 SCC 495, Basawaraj and another Vs. The Spl. Land Acquisition Officer, 2014 AIR(SC) 746 and Esha Bhattacharjee Vs. Raghunathpur Nafar Academy and others, 2013 12 SCC 649, has been pleased to hold that there is no bona fide explanation furnished by the petitioner in belated filing of appeal, which is barred by serious laches and negligence on part of the petitioner. Consequently, delay condonation application has been rejected.;