JUDGMENT (CAV)

Rajeev Ranjan Prasad, J.—Petitioner in the present case is an auction purchaser of a property which was subjected to a proceeding under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (hereinafter referred to as the ‘SARFAESI Act 2002’). He is challenging the order dated 22.09.2017 passed by learned Presiding Officer, Debts Recovery Tribunal, Patna (hereinafter referred to as the ‘Tribunal’) in SARFAESI Application no.44 of 2017 as contained in Annexure- ‘7’ to the writ application. By the impugned order, the learned Tribunal has been pleased to reject the preliminary objection taken by the respondent bank that the SARFAESI application is hopelessly barred by limitation. It was contended on behalf of the bank that the limitation petition has been filed by the applicant after filing of the SARFAESI application which is contrary to the order dated 04.02.2017 passed by the Hon’ble High Court in CWJC No.15510 of 2015. The petitioner has however raised a wider issue by taking a plea that the Debts Recovery Tribunal (‘DRT’) while entertaining an application under Section 17(1) of the Act of 2002 has no power to cond