S V PRAVIN RATHINAM Vs. REGISTRAR

JUDGEMENT

(1.) Sarfaesi Application in S.A.No.168 of 2018, filed on 08.01.2018, challenging the notice, issued under Section 13(4) of the SARFAESI Act, 2002, has been returned by the Registry of the Debts Recovery Tribunal, Coimbatore, as hereunder:

(2.) Contending inter alia that the Registry of the Tribunal has usurped the powers of the tribunal in declining to number S.A.Sr.No.168 of 2018 as barred by limitation under the provisions of Section 17(1) of the SARFAESI Act, 2002, instant writ petition is filed.

(3.) Though, Mr.Vignesh Venkat, learned counsel for the petitioner, relied on a Division Bench judgment of this Court in C.Sakthivel and Ors Vs. The Authorised Officer, State Bank of India and Ors dated 21.12.2016, to which one of us (Hon'ble Mr.Justice S.Manikumar), is a party, and submitted that at paragraph No.34 of the order, this Court held that Section 5 of the Limitation Act, would be applicable to Section 17 of SARFAESI Act, 2002, and that therefore, Registry of Debts Recovery Tribunal ought to have numbered SA SR.No.168 of 2018, we are not inclined to accept the said contention for the reason that in C.Sakthivel's case, there is no categorical declaration of law that Section 5 of the Limitation Act, would be applicable to Section 17 of the SARFAESI Act, 2002. However, in the said judgment, this Court has granted liberty to the writ petitioners therein to challenge the sale certificate, subject matter of dispute.