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2024 Supreme(Online)(MAD) 43395

HIGH COURT OF MADRAS
N.SESHASAYEE, L.VICTORIA GOWRI, JJ
Vedhanayaga Pandiyan – Appellant
Versus
The Authorized Officer – Respondent


Table of Content
1. respondent's submission (Para 2)
2. key legal issue (Para 3)
3. civil revision petition allowed (Para 9)

ORDER

L.VICTORIA GOWRI, J.

As against the steps taken by the respondent under Section 13(4) of the SARFAESI Act , the revision petitioner herein has approached the Debts Recovery Tribunal, Madurai, under Section 17 of the SARFAESI Act . An application under Section 17 of the SARFAESI Act , however, was not filed within the stipulated time of 45 days and hence, the appellant herein had also taken out an application for condonation of delay in NDN.No.647 of 2024 in SA. SR. No.5299 of 2024, which came to be dismissed by the Debts Recovery Tribunal, Madurai. This revision is filed against the same.

2. The learned counsel for the respondent submitted that the order passed under Section 17 of the SARFAESI Act is appealable under Section 18 of the SARFAESI Act .

3. However, the issue is not against any final order passed under Section 17 of the SARFAESI Act , but against the order passed in condonation of delay application filed under Section 5 of the Limitation Act. Whether of the Limitation Act is applicable to the SARFAESI Act is a crucial point.

4. A Division

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