In a chamber appeal, the Debt Recovery Tribunal held that the applicant's Original Application was time-barred. The court ruled that Section 5 of the Limitation Act is not maintainable alongside an OA under the RDB Act, rejecting condonation of delay.
The appeal was dismissed; the Original Application was held time-barred and consigned to the record room.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
I
DEBTS RECOVERY TRIBUNAJ ,-2, Cf JANDJGARfJ
ITEM NO.135 CA/1/2025
IDFC.FIRST BANK I ,TD. Vs M/S KHUR/\N/\ GUEST HOUSE 06.11.2025 Present: Mr. Abhishek Bhateja Advocate for the Applicant (CA) Mr. Naveen Kt1111ar, Respondent in person )11/. 1\lo.'/llld K~~~ ~ This is a Chamber App~gainst the order dated I 0.02.2025 passed by the
Assistant Registrar declining to register the OA filed by the Applicant.
Way back on 24.09.2021, Applicant Bank had filed an OA online along with court fees. However, Applicant did not file any hard copy at the time of filing. This deserves to be mentioned that in the year 2021, the rules provided that along with the on line hard copy is filed. The matter continued to be pending with the Registry. However. on I 0.02.2025, AR pointed out that despite giving many opportunities, the Applicant Bank has not removed the objections. On 21.06.2025, Applicant filed the present Appeal. However, again there were some defects and the Applicant removed the same on OA, hard copy be also filed and the OA would be treated to have been filed on the day. the
07.07.2025.
Mr. Bhateja, counsel for the Applicant argues that the OA as on date is the cases of 'International Asset Reco11structio11 Company of India Ltd. Vs The Official liquidator of Aldric/1 Pltarmaceuticals ltd. and others' arising out of Civil Appeal No.16962 of2017 and 'Iridium India Telecom ltd. Vs Doha Bank OSC and Another' arising out of Civil Appeal No.16963 of 2017, he has argued that the delay in filing the OA be condoned under Section 5 of the Limitation Act. He has placed reliance upon the judgment of the 1-Ion'blc Supreme Court of India in the case or 'Standard Chartered Bank Vs MSTC limited' arising out of Civil Appeal No.SOI of 2020. beyond limitation. Relying upon the judgment of the Hon 'ble Supreme Court of India in
I have perused the judgement. However, I am of the considered view that the second judgment in fact is against the Applicant as Hon 'ble Mr. Justice Rohinton Fali Nirman has categorically laid down that the application as mentioned in Section 24 of the
d
RDB Act means application under Section 19. Under the law, in a suit, no application under CA/1/202~ ll>FC FIIIS I' UANI< LTU. Vs MIS l<IIIJIIANA GIJEST IIOIJSf: Section 5 is maintainble. Similar is the position under the RDB Act. The application under Section 5 cannot be filed along with OJ. Accordingly, I am of the considered view that as on date. the 0/\ is time-barred. Applicant had filed the _Ot_ on 24.09.2021. Till I 0.02.2025. opportunities. Accordingly, there is no merit in the Appeal and the same is hereby (J.S. Na·¥g) Pronounced in the open Tribunal Presiding p)'fficcr Datcd:06.11.2025 DRT-2, Chandigarh (Additional Charge) 2 Applicant did not remove the objections despite the fact that he was granted many dismissed. File be consigned to the record room after due compliance.
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\NJ
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_J
2 issues framed by the court
Whether the delay in filing an Original Application can be condoned under Section 5 of the Limitation Act.
Whether an application under Section 5 of the Limitation Act can be filed along with the Original Application under the RDB Act.
Colour shows how this judgement treated each authority
International Asset Reconstruction Company of India Ltd. Vs The Official liquidator of Aldric/1 Pltarmaceuticals ltd. and othersReferred¶8
International Asset Reconstruction Company of India Ltd. Vs The Official liquidator of Aldric/1 Pltarmaceuticals ltd. and others
Iridium India Telecom ltd. Vs Doha Bank OSC and AnotherReferred¶8
Iridium India Telecom ltd. Vs Doha Bank OSC and Another
Standard Chartered Bank Vs MSTC limitedReferred¶8
Standard Chartered Bank Vs MSTC limited
De P Schneiders and another v Provincial Remuneration Commission and othersReferred¶9
De P Schneiders and another v Provincial Remuneration Commission and others
IDFC FIRST BANK LTD.
M/S KHURANA GUEST HOUSE
A.K. Garg
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
