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august 2015

Supreme Court of India · 2015-08-05

Baleshwar Dayal Jaiswal vs Bank Of India & Ors

Citation / case number
AIR 2015 SUPREME COURT 2881
Court
Supreme Court of India
Petitioner
Baleshwar Dayal Jaiswal
Respondent
Bank Of India & Ors
Author
Adarsh Kumar Goel
Bench
Adarsh Kumar Goel, Jagdish Singh Khehar

Judgment text excerpt

The Supreme Court ruled that the Appellate Tribunal under the SARFAESI Act, 2002 has the authority to condone delays in filing appeals under Section 18(1) by referencing Section 20(3) of the RDB Act, which allows for such condonation if sufficient cause is shown. The Court emphasized that the Limitation Act, 1963 applies to the SARFAESI Act as there is no express exclusion, thus enabling the Tribunal to consider applications for condonation of delay under Section 5 of the Limitation Act. The judgment clarifies the interplay between the SARFAESI Act and the Limitation Act, affirming the Tribunal's jurisdiction in this context.

Baleshwar Dayal Jaiswal vs Bank Of India & Ors · Niyam