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Judgment
Ashok Menon, Chairperson
The Appeal at Diary No. 1096/2024 is filed by the Creditor Bank and the Appeal at Diary No. 1100/2024 is filed by the Auction Purchaser. Both these appeals are directed against the impugned order dated 21.03.2024 in Securitisation Application No. 141/2024 (S.A.) by the Debt Recovery Tribunal, Aurangabad (DRT) setting aside the demand notice and in consequence, the entire Sarfaesi measures were quashed and the sale in favour of the auction purchase was set aside. The bank as well as the auction purchaser are aggrieved and hence, in appeal.
There is a delay of 16 days in filing Appeal No. 1096/2024 by the bank whereas the auction purchaser has filed the appeal with a delay of 24 days. They have both sought the condonation of delay. The reason for the delay has been explained in these applications for condonation of delay filed as I.A. Nos. 602/2024 & 603/2024 respectively.
The respondent borrower has filed replies to the appeal and interim applications for stay. The delay has been opposed by the respondent but there is no appearance for the respondent to substantiate that reply.
On going through the delay, I find that the delay has been sufficiently explained and therefore, there is no reason to decline for granting the condonation of delay. The applications are allowed and the delay in filing these two appeals is condoned. The registry is directed to take these appeals on file if there are no other defects to be cured.
List the matters on 26.12.2024 before the Registrar.