A.P. BHANGALE, J

1. Taken up for hearing by consent of learned Advocates appearing. Heard submissions. This Writ Petition is preferred in respect of an order dated 5th January 2011 passed by Debts Recovery appellate Tribunal, Mumbai and an order dated 17th March 2009 passed by Debts Recovery Tribunal, Nagpur whereby it is held that the provisions of Limitation Act are applicable to an appeal under Section 30 of the Recovery of Debts Due to Banks and financial Institutions Act (Briefly referred as RDDBFI Act). The question raised is as to whether the provisions of section 5 of the Limitation Act or its principles are applicable to appeal filed under section 30 of the RDDBFI Act.

2. The facts which gave rise to filing of the writ petition may be summed as under:

The Petitioners are owners of Apartments in the building known as ‘Jupiter Complex’ Situated at Vaishali Nagar, Binaki, Nagpur. The Petitioners claim that they were handed over possession of their respective apartments in the building pursuant to an agreement for sale of undivided share in the land and building construction executed in the year 1987.The respondent Central Bank of India , on the ground that the bo