VidhiSangh

Supreme Court of India · 24/11/2021

AVNEESH CHANDAN GADGIL & ANR. versus ORIENTAL BANK OF COMMERCE & ORS.

[2021] 7 S.C.R. 528 · 2021 INSC 784

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Summary

Applying International Asset Reconstruction Company of India Ltd., the Court held that Section 5 of the Limitation Act does not permit condonation of delay in an appeal under Section 30 of the Recovery of Debts Due to Banks and Financial Institutions Act against a Recovery Officer’s order. The statutory scheme excludes such extension. The High Court had relied on A.R. Venugopal, which the later binding decision had expressly overruled.

Issues

  1. Whether Section 5 of the Limitation Act permits condonation of delay in a Section 30 appeal against a Recovery Officer’s order.

Provisions considered

Held

Result

Appeal allowed. The High Court order and the Tribunal’s delay-condonation order were set aside; the DRAT order rejecting that condonation was restored. No costs.

Judgment PDF: Supreme Court of India, [2021] 7 S.C.R. 528.