The Debt Recovery Appellate Tribunal held that the limitation period for filing an appeal under the SARFAESI Act commences from the date of receipt of the order, ruling that the appellant's迟 filing was not a delay when calculated excluding weekends.
Application to condone delay allowed; Appeal to be registered as there is no delay.
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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
IA 452/2022 in A.IR:155/2022
A.O.,State Bank Of India & Anr V/S S.Suganthy & Anr
14/03/2023
This Application is filed to condone delay of four days in filing the Appeal against Order dated 19.04.2022 in SA 304/2017.
When this Application came up before Registrar, Advocate for Respondents reported no Counter, therefore, same is before me for hearing.
Heard both sides.
Advocate for Petitioner/Appellant Bank submitted that there is no delay in filing the Appeal, but as Office has calculated 30 days period from the date of Order and Petitioner/Appellant was directed to file delay Petition, and in compliance of that objection, present Petition is filed. He submitted, as per Section 18(1) of SARFAESI Act, 2002, limitation has to be calculated from the date of receipt of the Order, and in this case, Advocate for Bank received Order copy on 21.04.2022, and as 21.05.2022 being Saturday and 22.05.2022 being Sunday, Appeal is filed on 23.05.2022, the next working day, thereby there is no delay.
Other side Advocate represented that they already reported no Counter.
As rightly pointed out by Advocate for Petitioner/Appellant, 30 days period for filing the Appeal is to be calculated from the date of receipt of the Order, as per Section 18(1) of SARFAESI Act, 2002. In Appeal Memorandum, in Limitation para, it is specifically pleaded that Appellant received Order copy on 21.04.2022, but in spite of that, Office calculated 30 days period from 19.04.2022, that is from date of Order, thereby arrived that there is four days delay.
As rightly pointed out by Advocate for Petitioner/Appellant, there is absolutely no delay in filing the Appeal, if 30 days period is calculated from the date of receipt of copy of Order, by excluding Saturday and Sunday, being holidays to Tribunal.
Considering the reasons stated in the Affidavit filed in support of Petition, Application is ordered accordingly, holding that there is no delay in filing the Appeal.
Office shall register the Appeal, if it is otherwise, in order.
Sd/-
Chairperson
2 issues framed by the court
Whether the 30-day period for lodging an appeal under Section 18(1) of the SARFAESI Act is calculated from the date of the order or the date of receipt of the copy.
Whether an appeal filed beyond calendar days but within 30 days of receipt calculated by excluding Saturdays and Sundays involves condonable delay.
1 provisions across 1 enactments
State Bank Of India & Anr
S.Suganthy & Anr
Chairperson
As recorded by the court registry
28 orders share this CNR
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