Anand Byrareddy, J.

1. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

2. The present petition is filed in the wake of the Debts Recovery Tribunal having dismissed an application filed under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the SARFAESI Act', for brevity), after a delay. The order impugned was passed on 22.09.2015 and the application was filed after a delay of 113 days. Therefore, the main application was accompanied by another, seeking condonation of delay. The Tribunal, by its order dated 22.09.2015 had framed the following issues:

"(i) Whether Section 5 of the Limitation Act can be invoked by the petitioner (s)/applicant (s) who opts to file petition/application under Section 17 of the SARFAESI Act, 2002, seeking to condone the delay in filing the petition/application under Section 17 of the SARFAESI Act and whether DRT (Debts Recovery Tribunal) can invoke Section 5 of the Limitation Act to condone the delay in filing the petition/application under Section 17 of the SARFAESI Act, 2002.

(ii) Even assuming that Secti