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.