AJMER ENTERPRISES Vs. DEBT RECOVERY TRIBUNAL

JUDGEMENT

(1.) The present writ petition is directed against the impugned order dtd. 1/1/2019 (Annexure P-15) passed by the Debts Recovery Tribunal-II, Chandigarh whereby an application for condonation of delay accompanied by Securitization Application has been dismissed, being barred by 52 days.

(2.) In support of aforementioned submissions, relied upon judgment of Hon'ble Supreme Court in Esha Bhattacharjee Vs. Managing Committee of Raghunathpur Nafar Academy and others (2013) 12 SCC 649 wherein the principles applicable to an application for condonation of delay are culled out, which are reproduced as under-

(3.) There is no dispute that DRT has jurisdiction to entertain an application under Sec. 5 of the Limitation Act and should not have adopted a harsh approach in not condoning the delay as mentioned above, particularly in view of the principles culled out in Esha Bhattacharjee's case (supra).