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october 2017

Supreme Court of India · 2017-10-24

International Asset Reconstruction ... vs Official Liquidator Of Aldrich Pharm.

Citation / case number
AIR 2017 SUPREME COURT 5013
Court
Supreme Court of India
Petitioner
International Asset Reconstruction ...
Respondent
Official Liquidator Of Aldrich Pharm.
Author
Navin Sinha
Bench
Navin Sinha, Abhay Manohar Sapre, Ranjan Gogoi

Judgment text excerpt

The Supreme Court ruled that Section 5 of the Limitation Act, 1963 cannot be invoked to condone the delay in filing an appeal under Section 30(1) of the Recovery of Debts and Bankruptcy Act, 1993, which has a strict 30-day limitation period. The Court held that the RDB Act is a complete code and does not allow for the application of the Limitation Act in this context, affirming that the delay beyond the prescribed period cannot be condoned. The decision clarifies the relationship between the Limitation Act and the RDB Act regarding appeals.

International Asset Reconstruction ... vs Official Liquidator Of Aldrich Pharm. · Niyam