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august 2015

Supreme Court of India · 2015-08-05

BALESHWAR DAYAL JAISWAL vs BANK OF INDIA .

Citation / case number
SC 2011/30227
Court
Supreme Court of India
Petitioner
BALESHWAR DAYAL JAISWAL
Respondent
BANK OF INDIA .
Author
ADARSH KUMAR GOEL JAGDISH SINGH KHEHAR
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) based on the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, specifically the proviso to Section 20(3). The Court held that since the SARFAESI Act does not expressly exclude the applicability of the Limitation Act, Sections 4 to 24 of the Limitation Act can be invoked, allowing for the condonation of delay. Thus, the appeals were allowed, affirming the Tribunal's power to entertain delayed appeals.

BALESHWAR DAYAL JAISWAL vs BANK OF INDIA . · Niyam