Thirty days limitation period for Appeal under Recovery of Debts and Bankruptcy Act cannot be Condoned by Limitation Act: SC

Recovery of Debts and Bankruptcy Act, 1993 being a special law, which prescribed period of 30 days under section 30(1) of RDB Act for preferring an appeal before Tribunal, against order of Recovery Officer, could not have been condoned by application of section 5 of Limitation Act, 1963.

A common question of law arising for consideration was whether Section 5 of the Limitation Act, 1963, can be invoked to condone the prescribed period of 30 days, under Section 30(1) of the Recovery of Debts and Bankruptcy Act, 1993, for preferring an appeal before the Tribunal, against an order of the Recovery officer. It was held that Section 5 of the Limitation Act not being applicable to proceedings under Section 30 of the Act, the delay beyond the prescribed period could not be condoned.

November 18th, 2017