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Judgment
Ashok Menon, Chairperson
The appellants have appealed impugning the order dated 26.12.2023 in Securitisation Application (S.A.) at Diary No. 562/2023 by the Debts Recovery Tribunal, Aurangabad (D.R.T). No protection was granted to the appellants because the S.A. itself was filed with a delay. An application for condonation of delay in filing the S.A. is still pending consideration before D.R.T.
To entertain the appeal, the appellants were directed to deposit 50% of the debt due which has been complied with and the appeal now comes up for consideration. However, there is a delay of 53 days in filing this appeal which also needs to be condoned, for which the appellants have filed I.A. No. 559/2024.
The Ld. Counsel appearing for the respondents submits that there is no proper explanation forthcoming regarding the delay in filing the appeal and that on merits also, the appeal is not sustainable.
In the order of this Tribunal directing payment of pre-deposit, it was observed that the appellants do not have any prima facie case and it was also observed that the D.R.T. was justified in dismissing the application for interim protection. Because the delay in entertaining the S.A. was yet to be considered and therefore, I find that there is no merit in this Misc. Appeal. and there is also no reason for the delay to be condoned.
The appeal is, therefore, dismissed with a direction to the D.R.T. to dispose of the application for condonation of delay in filing the S.A. at the earliest.
Interlocutory Applications, if any, are dismissed as infructuous.