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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, Sanjiv Khanna

In Brief

The Supreme Court held that Section 5 of the Limitation Act, 1963 does not apply to appeals filed under Section 30 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 against orders of Recovery Officers. The special statute has a self-contained scheme providing for condonation of delay only under specific sections (Sections 19, 20(3), and 24), creating an express legislative intent to exclude general limitation law provisions. The Court overruled its earlier decision in A.R. Venugopal and upheld the Debts Recovery Appellate Tribunal's order setting aside the Debts Recovery Tribunal's condonation of a 31-day delay.

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Debt Recovery Limitation Act Statutory Tribunal Procedure Banking Law

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