Limitation for appeal u/s 30(1) of Recovery of Debts and Bankruptcy Act, 1993

Application of Section 5 of Limitation Act on RDB Act.

Condonation of delay in filing appeal against order of Recovery Officer.

The Recovery of Debts and Bankruptcy Act, 1993 Act is a special law. The proceedings are before a statutory Tribunal. The scheme of the Act manifestly provides that the Legislature has provided for application of the Limitation Act to original proceedings before the Tribunal under Section 19 only. The appellate tribunal has been conferred the power to condone delay beyond 45 days under Section 20(3) of the Act. The proceedings before the Recovery officer are not before a Tribunal. Section 24 is limited in its application to proceedings before the Tribunal originating under Section 19 only. The exclusion of any provision for extension of time by the Tribunal in preferring an appeal under Section 30 of the Act makes it manifest that the legislative intent for exclusion was express. The application of Section 5 of the Limitation Act by resort to Section 29(2) of the Limitation Act, 1963 therefore does not arise. The prescribed period of 30 days under Section 30(1) of the RDB Act for preferring an appeal against the order of the Recovery officer therefore cannot be condoned by application of Section 5 of the Limitation Act.

[Source: International Asset Reconstruction vs. Official Liquidator, decided by SC on 24 October 2017]

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