Applicability of limitation act in debts recovery tribunal
Gopal Saikia
(Querist) 04 March 2012
This query is : Resolved
whether application under section 5 of the Limitation Act for condonation of delay in preferring an appeal u/s 17(1) of the SRFAESI Act is maintanable or not? If yes then what are the precedents?
Nadeem Qureshi
(Expert) 04 March 2012
Dear Querist
yes, limitation act will be applicable, and if the court think fit and sufficient ground in section 5 Application, the court may pass an order
Adv.R.P.Chugh
(Expert) 04 March 2012
Limitation act applies in full force.
Ghanshyam Prasad
(Expert) 04 March 2012
S/5Limitation Act has universal application.
R.K Nanda
(Expert) 04 March 2012
Yes, L.Act is applicable to S.act also.
Shonee Kapoor
(Expert) 05 March 2012
Yes.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 08 March 2012
Limitation act applies in all legal proceedings unless some other legislation expressly provides its' own special limitation.
V R SHROFF
(Expert) 08 March 2012
Yes , can condone delay .
Anirudh
(Expert) 08 March 2012
Calcutta HC has held that Sec.5 of Limitation Act will not apply to Sec. 17(1) proceedings under the Sarfaesi Act.
Please refer to the decision of Calcutta High Court:
MANU/WB/0184/2010
Equivalent Citation: AIR2010Cal138, IV(2010)BC267, (2010)2CALLT582(HC)
IN THE HIGH COURT OF CALCUTTA
G.A. No. 2729 of 2008, A.P.O.T. No. 315 of 2008 and W.P. No. 131 of 2008
Decided On: 30.04.2010
Akshat Commercial Pvt. Ltd. and Anr.
Vs.
Kalpana Chakraborty and Ors.
The case has been appealed to the SC. SLP(C) No. 17529-17531/2010. The matter is pending before the SC.
