CHANDAN KUMAR AMBASTA Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dated 16.1.2018 (Annexure-15 to the writ petition) passed by the Presiding Officer,

(2.) Heard learned counsel for the parties and perused the relevant documents placed on record. On perusal of the impugned order dated 16.1.2018, it appears that the petitioner, who happens to be the borrower/judgment-debtor, preferred an appeal against the order dated 23.11.2016 of the Recovery Officer before the learned Tribunal on 31.1.2017 under section 30 of the Recovery of Debts Due To Banks And Financial Institutions Act, 1993 (hereinafter referred to as 'the Act, 1993). An application for condonation of delay in preferring the said appeal was also filed along with the memo of appeal. It has been observed in the impugned order dated 16.1.2018 that the period of limitation for filing an appeal under Sec. 30 of the Act, 1993 is 30 days from the date of issuance of the order to the judgment-debtor. The said order was passed by the Recovery Officer on 23.11.2016 and a copy of the said order was received by the petitioner on 25.11.2016. Though the certified copy of the said order was made ready on 14.12016, but the petitioner's representative reported to the office for receiving the same on 16.1.2017 i.e. after delay of one month and two days. Thus, the Presiding Officer reached a conclusion that the delay in preferring the appeal under Sec. 30 of the Act, 1993 was beyond one month and it refused to entertain the application for condonation of delay referring an order/judgment dated 24.10.2017 rendered by the Honourable Apex Court in the case of International Asset Reconstruction Company of India Ltd. Vs. The Official Liquidator of Aldrich Pharmaceuticals Ltd.Ors. [Civil Appeal No. 19962/2017],

(3.) Learned counsel for the petitioners submits that the learned Tribunal committed an error in not entertaining the application for condonation of delay in preferring the appeal as well as the merit of the appeal. It is further submitted that irrespective of the fact that the learned Tribunal has not condoned the delay in preferring the appeal under Sec. 30 of the Act, 1993, the High Court while exercising the Writ jurisdiction, may direct the learned Tribunal to condone the delay in preferring the appeal with further direction to entertain the appeal on merit.