DINESH G. Vs. K.S.SHOBA DEVI

JUDGEMENT

(1.) Heard learned counsel on both sides quite in extenso. We have also referred to the decisions relied upon by learned counsel appearing on both sides.

(2.) In view of the submissions made by learned counsel on both sides and the provisions of Sec. 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 as also the decision of the Hon'ble Apex Court, in Celir LLP vs. Bafna Motors (Mumbai) Pvt. Ltd. and others1, which is relied upon by learned counsel for the appellant, we are of the opinion that the direction in the impugned order to the effect that the issue of limitation shall not be raised before the Debts Recovery Tribunal was not justified.

(3.) The appeal is, therefore, disposed of vacating the direction that the issue of limitation shall not be raised before the Debts Recovery Tribunal.