PUNJAB NATIONAL BANK Vs. SATBIR GUPTA

JUDGEMENT

(1.) TODAY , none is present for the respondent though Mr. Brijesh Gupta, respondent No. 3, was present for self and other respondents on the previous date and has the knowledge of this date. Mr. Jha points out that additional written submissions on application (I.A. No. 215/2009) filed for condonation of delay in filing the appeal has already been filed with the Registry on 22.1.2013. Heard Mr. Jha on that application.

(2.) AS per office report, the accompanying appeal has been filed with a delay of 23 days beyond the period of limitation. In the application (I.A. No. 215/2009) filed by the appellant for condonation of delay, it has been stated that the copy of the order impugned dated 26.6.2008 was prepared with an inordinate and undue delay and was received by the appellant on 29.1.2009. The Bank then obtained instructions of its higher officers on the viability of filing the appeal and thereafter the Counsel was approached on or about 10/11.3.2009 and the appeal could be prepared and filed on 23.3.2009.,

(3.) IN its written submissions dated 8.4.2010, the appellant has admitted the delay of 23 days in filing the appeal. It has been submitted that as per Sub -section (2) of Section 18 of the SARFAESI Act, the appeal filed under Sub -section (1) thereof is required to be disposed of in accordance with the provisions of the RDDBFI Act and the rules made thereunder and since the proviso to Section 20(3) of the RDDBFI Act empowers the appellate Tribunal to entertain an appeal even after the expiry of the period of limitation, therefore, this Tribunal is empowered to condone the delay in filing the appeal, on being satisfied with the sufficiency of cause for not filing it within the period of limitation. It has further been contended that since Section 24 of the RDDBFI Act provides for the applicability of the provisions of the Limitation Act to an application made to the Tribunal, therefore, Section 5 of the Limitation Act can fairly be imported to condone the delay. It has also been urged that even otherwise since the application of the provisions of the Limitation Act has not been expressly excluded and the SARFAESI Act is special law, therefore, in view of Section 29(2) of the Limitation Act, the provisions contained in Sections 4 to 24 shall apply to an appeal filed under the said Act.