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Judgment
I.A. No. 126/2026 (application for substitution)
The instant application is filed by the applicant Alchemist Asset Reconstruction Company Limited on the ground that the appellant has assigned the debt due to the respondent no.2 to the appellant vide assignment agreement dated 29.03.2025. The assignment deed is also placed on record. Ordered accordingly.
I.A. No. 397/2022 (application for condonation of delay)
The instant application is filed to condone the delay of 11 days beyond the statutory period of 30 days in filing the present appeal due to the reason as stated in the application. The delay is stated to be neither deliberate nor intentional.
After considering all facts, the delay of 11 days beyond the statutory period of 30 days in filing the present appeal stands condoned. The application is accordingly allowed.
Misc. Appeal No. 157/2022
The respondent no.1 has filed S.A. bearing No. 16/2022 titled as Harvinder Singh v. M/s Aditya Birla Finance Limited & others which is stated to be pending before the DRT-II, Delhi. The DRT-II, Delhi vide order dated 06.04.2022 has directed the respondent no.1 to file amended pleadings and further vide order dated 02.05.2022 the last chance was given to the respondent no.1 to file the amended SA.
Thereafter, the respondent no.1 filed I.A. bearing No.893/2022 for seeking permission to place on record the amended Securitization Application (SA), which was allowed to be taken on record vide order dated 30.05.2022. The appellant being aggrieved filed the present appeal.
Ms. Varsha Banerjee, Counsel for appellant argued that the respondent no.1 was allowed to file the amended Securitization Application (SA) but without giving any opportunity or being heard to the appellant as no opportunity to file the reply was given to the appellant. The Counsel for the appellant also challenged the validity of the orders dated 06.04.2022 and 02.05.2022 and stated that to impugn the order dated 30.05.2022 appeal bearing No. 07/2022 is also been filed. The impugned order dated 30.05.2022 is reproduced as under:
SA/16/2022 HARVINDER SINGH Vs MS ADITYA BIRLA FINANCE LTD AND OTHERS
30.05.2022
Item no. 31
Present: Shri Shrey Ashat, counsel along with Ms. Preetika Mishra, counsel for the applicant. Shri Sanjeev Singh, counsel for respondent FI.
Matter is taken through VC.
IA no. 893/2022 filed by the applicant for placing on record the amended Securitization Application. The Ld. counsel for the applicant submits that he filed the application for amendment in the SA due to change of facts and circumstances.
The Ld counsel for respondent FI opposed the said application and submit that he wants to file reply to the application.
Objection declined as reply to the IA not filed till date.
IA no. 893/2022 is allowed. Amended SA is taken on record. Notice of amended SA be issued to the respondents. Registry is directed to issue notice of amended SA to respondents. Notice to respondent no.3 be issued through Superintendent of Jail, Bhondsi, Gurgaon. The notice shall be sent on the email of the applicant and Advocate, which shall be served by the applicant by hand and by registered post along with complete paper book. Thereafter, the applicant shall file the affidavit of service.
Matter be listed on 27.07.2022 for further proceedings.
The order dated 06.04.2022 reflects that the respondent no.1 was directed to amend the pleadings and thereafter vide order dated 02.05.2022, the last chance was given to the respondent no.1 to file the amended S.A. and it was observed that the amendment in SA was already permitted by the Tribunal.
It appears that the respondent no.1 filed an application bearing I.A. No. 891/2022 in pursuance to the direction already given by vide orders dated 06.04.2022 and 02.05.2022 and there was no occasion for the DRT to call the reply as stated and by the Counsel for the appellant before DRT. Accordingly, there is no merit in the appeal hence dismissed. Stay, if any stands vacated.