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Supreme Court of India 2021-11-24 allowed

Avneesh Chandan Gadgil & Anr vs Oriental Bank of Commerce & Ors

Bench: 2 — M.R. Shah

In Brief

A bank sought to challenge a delay in filing an appeal against a Recovery Officer's order by invoking the general limitation law. The Supreme Court held that the special Banking Debt Recovery Act of 1993 expressly excludes the application of the Limitation Act's delay-condonation provision to appeals under Section 30. The Court overruled an earlier precedent and confirmed that the strict 30-day appeal period cannot be extended. The High Court's order allowing the bank's appeal was set aside and the Debts Recovery Appellate Tribunal's decision (rejecting the delay condonation) was restored.

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Banking Law Debt Recovery Limitation Appellate Procedure

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