The DRAT dismissed an application for condoning delay in filing a review petition, relying on the Supreme Court’s precedent that Section 5 of the Limitation Act is not applicable to review applications.
The I.A. for condonation of delay and the Review Application stand dismissed.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr. Justice Ashok Menon, Chairperson
I.A. No. 83/2024 (CoD) In R.A. on Diary No. 846/2023
In
(Appeal No. 218/2009-Disposed of)
Between
IDBI Bank Ltd.
… Appellant/s
V/s.
M/s. Mittal Fabrics Manufacturing Pvt. Ltd. & …Respondent/s Ors.
Ms Sushila Vichare i/b M/s. Orbit Law Services, Advocate for Appellant.
Mr Udayasankar Samudrala, Advocate for Respondents.
-: Order dated: 19/12/2024:-
The appellant has filed I.A. 83 of 2024 for condoning 17 days delay in filing the Review Application(Diary) No. 846/2023. A review is maintainable under Rule 6A and sub-rule (2) of the Debts Recovery Appellate Tribunal (Procedure) Rules states that no application for review shall be made after the expiry of a period of thirty days from the date of the order and no such application shall be entertained unless it is accompanied by an affidavit verifying the application.
1
Limitation Act is no longer res integra . The Hon’ble Supreme Court has in Standard Chartered Bank versus MTSC Limited (2020) 13 SCC 618 , held that Section 5 of the Limitation Act cannot be invoked to condone the delay in filing the review application under Rule 5A of the DRT Procedure Rules. This finding would apply with equal force to the provisions of a review application filed before DRAT; therefore, the application is not maintainable.
Hence, the I.A. for condonation of delay and the R.A. stand dismissed.
Sd/Chairperson
nrp- 21
2
1 issue framed by the court
Whether Section 5 of the Limitation Act can be invoked to condone the delay in filing a review application before the DRAT.
Colour shows how this judgement treated each authority
Standard Chartered Bank versus MTSC LimitedApplied¶14
Standard Chartered Bank versus MTSC Limited (2020) 13 SCC 618 · Who else cites this
IDBI Bank Ltd.
M/s. Mittal Fabrics Manufacturing Pvt. Ltd.
Ashok Menon
As recorded by the court registry
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