Renu Balyan vs JM Financial Reconstruction Company Limited

The instant application is filed for condonation of 63 days delay in filing the present appeal due to the reasons as stated in the application. After considering all facts, the delay of 63 days in filing the present appeal is condoned. The application is accordingly allowed.

The appellant filed S.A. bearing no.188/2025 titled as Renu Balyan V JM Financial Reconstruction Company Limited which is stated to be pending before DRT-II, Chandigarh.

The appellant filed an application bearing I.A. no.269/2026 for restricting the respondent no.1 from taking physical possession of the subject property in terms of the notice dated 16.02.2026.

Sh. Pankaj Jaiswal, Advocate for the appellant stated that the appellant has already made payment as per OTS but with a little delay and the action on the part of the respondent no.1 is not justified. Sh. Jaiswal, however, fairly conceded that the physical possession of the secured asset was not taken by the respondent no.1 on 17.03.2026 and fresh date for taking physical possession has not been given.

In view of the submission made by Sh. Pankaj Jaiswal, the present appeal does not require further adjudication as there is no threat of taking over of the possession of the secured asset after 17.03.2026. However, the appellant is given liberty to file appropriate application or initiate proceedings before DRT-II, Chandigarh in case fresh notice is given for taking the physical possession of the secured asset. DRT-II, Chandigarh is also directed to decide such an application in accordance with law uninfluenced by any observation made in the order dated 16.03.2026.