| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Limitation Act 1963: s.5 - D.elay - Condonation of- Applicability of s.5 to proceeding under s.30 of the RDB Act |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Dismissed |
| Headnote | Limitation Act, 1963: s.5 - D.elay - Condonation of-Applicability of s.5 to proceeding under s.30 of the RDB Act -Whether s.5 of the Limitation Act, 1963 can be inFoked to condonethe prescribed period of 30 days, under s.30( 1) of the Recovery ofDebts and Bankruptcy Act, 1993 (RDB Act), for preferring an appealbefore the Tribunal, against an order of the Recove1y officer - Held:711e RDB Act is a special law and a complete code by itself withregard to expeditious recoFery of dues to banks and financialinstitutions - The fact that the Tribunal may be vested with some ofthe powers as a civil court under the Code of Civil Procedure doesnot vest in it the status of a Court - s.22( 1 ), in fact, provides thatthe Tribunal shall not be bound by the procedures under the C.P. C.,and can regulate its own procedures in accordance with naturaljustice - s.5 of the Limitation Act provides that the appeal orapplication, with the exception of Order XX!, CPC may be admittedafter the prescribed period, if the applicant satisfies the court thathe has sufficient cause for not preferring the application withintime - The pre-requisite, therefore, is the pend ency of a proceedingbefore a court - The proceedings under the Act being before astatutory Tribunal, it cannot be placed at par with proceedingsbefore a court - The Tribunal shall, therefore, have no powers tocondone delay, unless expressly conferred by the statute creatingit - s.24 of the RDB Act makes the provisions of the Limitation Actapplicable only to such an original "application" made under s.19only - The definition of an "application" under r. 2(c) cannot beextended to read it in conjunction with s. 2(b) of the Act extendingthe meaning thereof beyond what the Act provides for and thenmake s.24 of the RDB Act applicable to an appeal under s.30( 1) of the Act - Any such interpretation shall be completely contrary tothe legislative intent, extending the Rules beyond what the Actprovides for and limits - The exclusion of any provision for extensionof time by the Tribunal in preferring an appeal under s.30 of theAct makes it manifest that the legislative intent for exclusion wasexpress - The application of s.5 of the Limitation Act by resort tos.29(2) of the Limitation Act, 1963 therefore does not arise - Theprescribed period of 30 days under s.30( l) of the RDB Act forpreferring an appeal against the order of the Recovery officertherefore cannot be condoned by application of s.5 of the LimitationAct - Recovery of Debts and Bankruptcy Act, 1993 - ss.19, 24, 30.Recovery of Debts and Bankruptcy Act, l 993: Object oflegislation - Discussed. |
| Judge | Hon'ble Mr. Justice Navin Sinha |
| Neutral Citation | 2017 INSC 1046 |
| Petitioner | International Asset Reconstruction Company Of A India Ltd |
| Respondent | The Official Liquidator Of Aldrich Pharmaceuticals Ltd. And Others |
| SCR | [2017] 10 S.C.R. 199 |
| Judgement Date | 2017-10-24 |
| Case Number | 16962 |
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