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Judgment
The present appeal is filed to impugn the order dated 20.12.2025 passed by DRT, Jaiprur (hereinafter referred to as "DRT") in S.A. bearing no.414/2025 titled as RekhaSaxena V Bajaj Housing Finance Limited & another whereby the DRT disposed of S.A. No414/2025 filed by respondent no.1 as allowed. The order dated 20.12.2025 reads as under:-
In this matter, reply has not been filed by Respondent and physical possession of the property has been taken. Even yesterday, counsel was not present and today also proxy counsel is present, but no reply has been filed.
In these circumstances, this is a fit case where the Securitization Application should be allowed and accordingly, all the actions taken by the respondent bank stands quashed and set aside. Physical possession or any other measures taken by the respondent bank also stands quashed and set aside.
In view of the above, this Securitization Application stands disposed of as allowed. All the actions of the bank including 13(2) and future proceedings stand quashed. Both the respondents are directed to restore the physical possession of the property to the applicant within two days from today. It is made clear that compliance report be placed on record by the respondent bank.
Re-notify the matter on 12.01.2026 for compliance.
The counsel for the appellant argued that the order dated 20.12.2025 was passed in a casual manner without assigning any reason and is cryptic in nature. DRT has not granted any opportunity of being heard to the appellant before passing the impugned order which is liable to be set aside.
The counsel for respondent no.1 also stated that the impugned order dated 20.12.2025 may be set aside and the appellant may be given opportunity to file reply along with documents and DRT may be directed to decide the S.A. bearing No.414/2025 expeditiously without any delay.
The impugned order dated 20.12.2025 was passed without assigning any reason and is appearing to be cryptic. DRT should have given proper opportunity to the appellant to file reply and documents before passing the final order in the S.A. bearing no 414/2025. The impugned order dated 20.12.2025 is clear reflection of denial of principles of natural justice and appropriate opportunity of being heard to the appellant. It was passed without proper application of judicial mind and in casual manner hurriedly and was passed without giving appropriate reasons. The impugned order dated 20.12.2025 is accordingly set aside. DRT is directed to decide S.A. bearing no414/2025 after affording due opportunity to the appellant to file reply and other documents in accordance with law and after giving both the parties appropriate opportunity to present their case before the Tribunal. DRT is also requested tomake every possible endeavour to dispose of S.A. bearing no.414/2025 as early as possible, preferably within six months from the date of receipt of this order.
Appeal is accordingly allowed and decided. The parties are directed to appear before DRT on 22.05.2026.
Copy of this order be sent to DRT, Jaipur for information and compliance.