K.K. SASIDHARAN, J

Introductory:

1. The core issue raised in these batch of cases, is whether the Debts Recovery Appellate Tribunal constituted under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (herienafter referred to as "SARFAESI Act") has power to condone the delay in filing second appeal under Section 18 of the SARFAESI Act.

Lead case:

2. Since the principal question is one and the same in all these writ petitions, W.P.No.13456 of 2012 is taken as the lead case to narrate the relevant facts.

W.P.No.13456 of 2012

3. The petitioners were the Directors of a Company by name Kohinoor Steel Private Limited. The petitioners were also the partners in a firm called "Varsha Metals". M/s. Kohinoor Steel Private Limited availed financial assistance from Union Bank of India, Bangalore. Since the unit failed to clear the loan outstanding, the Bank initiated proceedings under the SARFAESI Act. Notice under Section 13(2) of the SARFAESI Act was issued on 23 December 2008, followed by a possession notice issued on 28 February, 2009. The Bank thereafter issued a sale notice on 18 January 2010 proposing to sell the secured asse