BADAR DURREZ AHMED, VIBHU BAKHRU
Poonam Garg – Appellant
Versus
Chief Manager, State Bank of Patiala – Respondent
Badar Durrez Ahmed, J.—The question that arises for consideration in this writ petition is – whether the Debts Recovery Appellate Tribunal has jurisdiction to condone the delay under Section 5 of the Limitation Act, 1963 in the filing of an appeal under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Securitisation Act’)? The petitioner had filed an application under Section 17 of the Securitisation Act, being aggrieved by the measures taken by the respondent No.1 / bank under Section 13(4) of the said Act. That application was filed on 04.02.2008 and was registered as S.A. No.152/2008 with the Debts Recovery Tribunal-II, Chandigarh. We need not advert to the merits of the application under Section 17 inasmuch as we are only concerned with the question of limitation with regard to the filing of an appeal under Section 18 of the said Act before the Debts Recovery Appellate Tribunal, New Delhi (DRAT). What is relevant for us are only the dates of various steps in the course of the present litigation.
2. On 08.08.2008, after the respondent No.1 / bank had filed its written st
Union of India v. Popular Construction Company: 2001 (8) SCC 470. (Para 5)
CCE and Customs v. Hongo India (P) Ltd: 2009 (5) SCC 791. (Para 7)
Fair Growth Investments Limited v. Custodian: 2004 (11) SCC 472. (Para 12)
Hukumdev Narain Yadav v. Lalit Narain Mishra: AIR 1974 SC 480. (Para 12)
Mukri Gopalan v. Cheppilat Puthanpurayil Aboobacker: 1995 (5) SCC 5. (Para 19)
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