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2015 Supreme(SC) 1392

A.K.SIKRI, ROHINTON FALI NARIMAN
A. R Venugopal @ R. Venugopal – Appellant
Versus
Jotheeswaran – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. T. Harish Kumar, Adv.
For the Respondent: Mr. Himanshu Munshi, Adv. Mr. Durga Dutt, Adv. Mr. K. K. Mani, Adv. Mr. R. Thiagarajan, Adv. Ms. T. Archna, Adv. Mr. Abhishek Krishna, Adv. Mr. P. S. Narsimha, ASG. Ms. Sunita Rani Singh, Adv. Mr. Sanjeev Das, Adv. Ms. Sushma Suri, Adv.

ORDER :

1. Leave granted.

2. We have heard the matter finally with the consent of the learned counsel appearing for the parties.

3. The short question which is involved in this appeal is as to whether the Debt Recovery Tribunal (hereinafter referred to as 'DRT') has power to condone the delay in filing the appeal.

4. The appellants have filed the appeal against the order of the Recovery Officer before the DRT under Section 30 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as 'Act' for short). There is a limitation period of 30 days provided for filing such an appeal. However, there was a delay of 15 days in filing the appeal which was condoned by the DRT. This order was challenged before the High Court and the High Court has set aside the order of the DRT on the ground that Limitation Act, 1963, does not apply to the proceedings before the DRT. This opinion of the High Court is contrary to the specific provisions contained in Sections 20 and 24 of the Act which reads as under: -

    “20. Appeal to the Appellate Tribunal.—

    (1) Save as provided in sub-section (2), any person aggrieved by an order made, or deemed to have been made, by a Tribu

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