Whether Section 5 of the Limitation Act shall be applicable to the appeal against the order of Recovery Officer under Section 30 of the Recovery of Debts and Bankruptcy Act, 1993? – Avneesh Chandan Gadgil & Anr. Vs. Oriental Bank of Commerce & Ors. – Supreme Court
This appeal is filed against the impugned judgment and order dated 16.02.2016 passed by the High Court of Delhi in Writ Petition (C) No.4207 of 2015 by which the High Court has quashed and set aside the order passed by the DRAT by which the learned DRAT quashed and set aside the order passed by the DRT condoning the delay in preferring the appeal under Section 30 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993. The question in this matter is whether Section 5 of the Limitation Act shall be applicable to the appeal against the order of Recovery Officer under Section 30 of the Act, 1993?
Hon’ble Supreme Court held that as per the law laid down by this Court in the International Asset Reconstruction Company of India Ltd. Vs. The Official Liquidator of Aldrich Pharmaceuticals Ltd. and Others (2017) ibclaw.in 77 SC case and even otherwise considering Section 30 of the RDB Act, 1993, Section 5 of the Limitation Act shall not be applicable to the appeal against the order of Recovery Officer as provided under Section 30 of the Act, 1993.