Allowed
Mr. Dinesh G v. Smt. K.S. Shoba Devi
Karnataka HCWA/1165/2023
Case brief
AI extract
What is this about?
The Court vacated the direction in the impugned order that barred the appellant from raising the issue of limitation before the Debts Recovery Tribunal. Relying on Section 17 of the SARFAESI Act and the decision in Celir LLP, the Court held that the Tribunal must consider all aspects, including limitation. The matter was remanded to the Tribunal.
What did the court decide?
The direction in the impugned order prohibiting the raising of the issue of limitation before the Debts Recovery Tribunal was vacated. The matter is remanded to the Debts Recovery Tribunal.