(A.K. Sikri and Rohinton Fali Nariman, JJ.)
A.R Venugopal @ R. Venugopal ______ Petitioner
v.
Jotheeswaran & Ors. ________________ Respondent(s)
Civil Appeal No. 4926 of 2015, decided on July 1, 2015
[Arising out of SLP (C) No. 36050 of 2013]
The Order of the court was delivered by
Order
1. Leave granted.
2. We have heard the matter finally with the consent of the learned counsel appearing for the parties.
3. The short question which is involved in this appeal is as to whether the Debt Recovery Tribunal (hereinafter referred to as ‘DRT’) has power to condone the delay in filing the appeal.
4. The appellants have filed the appeal against the order of the Recovery Officer before the DRT under Section 30 of the Recovery of Debts Due to Banks and Financial Institutions
5. Act, 1993 (hereinafter referred to as ‘Act’ for short).
6. There is a limitation period of 30 days provided for filing such an appeal. However, there was a delay of 15 days in filing the appeal which was condoned by the DRT. This order was challenged before the High Court and the High Court has set aside the order of the DRT on the ground that Limitation
7. Act, 1963, does not apply to the proceedings before the DRT.
8. This opinion of the High Court is contrary to the specific provisions contained in Sections 20 and 24 of the Act which reads as under: –
“20. Appeal to the Appellate Tribunal.—
(1) Save as provided in sub-section (2), any person aggrieved by an order made, or deemed to have been made, by a Tribunal under this Act, may prefer an appeal to an Appellate Tribunal having jurisdiction in the matter.
(2) No appeal shall lie to the Appellate Tribunal from an order made by a Tribunal with the consent of the parties.
(3) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order made, or deemed to have been made, by the Tribunal is received by him and it shall be in such form and be accompanied by such fee as may be prescribed:
Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period.
(4) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against.
(5) The Appellate Tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned Tribunal.
(6) The appeal filed before the Appellate Tribunal under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of receipt of the appeal.”
“24. Limitation.—
The provisions of the Limitation Act, 1963 (36 of 1963), shall, as far as may be, apply to an application made to a Tribunal.”
9. It is clear form the aforesaid Section 24 that specific power is given to the DRT to condone the delay. Therefore, the High Court order is clearly unsustainable and is set aside. The appeal is remitted back to the DRT for deciding on merits. Having regard to the nature of the dispute involved, we direct the DRT to decide the appeal preferred against the order of the Recovery Officer within a period of 3 months from the date of receipt of the copy of this order.
10. The appeal stands disposed of accordingly.
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