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Judgment
Ashok Menon, Chairperson
The matter is taken up for hearing by way of a praecipe filed by the appellant for seeking urgent relief.
The appellant is 3rd party builder who is aggrieved by the order of the Debt Recovery Tribunal-II, Mumbai (D.R.T.) dated 09.02.2024 in Interlocutory Application No. 204/2024 (I.A.) in Securitisation Application No. 34/2020 (S.A.) wherein the Tribunal did not find any prima facie case in favour of the applicant and therefore, dismissed the application.
There is a delay of 92 days in filing this appeal. The reason for the delay has been explained. The respondents have vehemently opposed this application and stated that the reason for the delay is not acceptable and since there are no sufficient reasons the delay cannot be condoned.
After hearing both sides, I find that the explanation given for the delay is not so satisfactory but it can be condoned subject to payment of cost.
Hence, the application is allowed and the delay of 92 days in filing the appeal is condoned subject to payment of cost a sum of ₹10,000/- to the D.R.T. Bar Association, Mumbai for purchasing books and periodicals.
The appeal shall be taken on file in case there are no other defects.
List the matter 09.12.2024 before the Registrar for reporting compliance regarding the payment of cost.