Debts Recovery Tribunals and Appellate Tribunals
Partha Roy vs ALLAHABAD BANK on 15 February 2019
**DEBTS RECOVERY TRIBUNAL-II, KOLKATA**
**Jeevan Sudha Bldg. 7th Floor, 42/C J.L.Nehru Road, Kolkata-700071**
**Before Shri Makena Srinivasa Rao, Presiding Officer**
**MA : 65/2010**
**(arising out of Appeal No. 10/2008)**
**In the matter of -**
Partho Roy, son of Ranjit Roy and another
.....Applicant
Versus
1. 1. Allahabad Bank, a body corporate constituted under the Banking Companies(Acquisition and Transfer Act, 1970 having its Head Office at 2, Netaji Subhas Road, Kolkata-700001
2. 2. Shyam Sunder Samanta, 27, Chinar Park, P.S. Rajarhat, P.O. Hatiara, Kolkata-700059
.....Respondents
**Present:**
For Applicant : Shri N. Srinibas, Learned Counsel, Ms S. Biswas, Learned Counsel and Shri T.K. Mondal, Learned Counsel For Respondents : Shri D. Chakraborty Learned Counsel and Ms A. Das, Learned Counsel
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**FINAL ORDER**
**(Delivered on 15<sup>th</sup> February, 2019 )**
1. 1. Applicant, Partho Roy, has filed the present Misc. Application being No. 65/2010 on 07.10.2010 against Respondents, taking limitation/cause of action from the order dated 30.06.2010 dismissing the Appeal No. 10/2008 (arising out order dated 18.07.2008 in RC/31/2002 in the matter of Allahabad Bank Vs M/s Bio Research Laboratories Pvt. Ltd. & others), praying for recall of the order dated 30.06.2010 passed in Appeal/10/2008.
2. 2. Misc. Applicant filed an Appeal being No. 10/2008 arising out of order dated 18.07.2008 in RC/31/2002 on 21.10.2008 under Section 30 of RDDBFI Act being aggrieved by the order dated 18.07.2008 passed by Learned Recovery Officer in the matter of Allahabad Bank Vs M/s Bio Research Laboratories Pvt. Ltd. The Appeal/10/2008 has been filed beyond limitation period of thirty days. The Appeal/10/2008 has been dismissed in default vide Tribunal's order dated 30.06.2010.
3. 3. The Appellant in 10/2008 filed Misc. Application being No. 65/2010 on 07.12.2010 for recall of Tribunal's order dated 30.06.2010 i.e. beyond limitation period of thirty days.
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MA/65/2010
4. Before going into the merits of the MA/65/2010, the issue of maintainability of the Misc. Application is required to be examined. Hon'ble Supreme Court of India vide decision dated 24.10.2017 in the matter of International Asset Reconstruction Co. of India Ltd. Vs The Official Liquidator of Aldrich Pharmaceuticals Ltd. & others has held that the prescribed period of thirty days under Section 30(1) of RDDBFI Act for preferring an Appeal against the order of the Recovery Officer cannot be condoned by application of Section 5 of the Limitation Act. The decision of the Hon'ble Supreme Court of India as stated above is very specific that there is no scope of condonation of delay in filing Appeal under Section 30(1) of RDDBFI Act. Hence, the Appeal being No. 10/2008 itself is time barred and is not maintainable.
5. In view of decision of the Hon'ble Supreme Court of India as above said, the same principle of law is applicable in the present MA being No. 65/2010. The present MA/65/2010 has been filed on 07.12.2010 being aggrieved by the order dated 30.06.2010 passed in Appeal/10/2008. The present MA has been filed beyond thirty of limitation period. There is no scope of condonation of delay in filing Misc. Application for recall of the order passed in Appeal filed under Section 30(1) of RDDBFI Act.
6. With the above observations and findings, the Tribunal finds that the Misc. Application being No. 65/2010 (arising out of Appeal/10/2008 in RC/31/2002) is not maintainable being time barred.
7. The MA being No. 65/2010 and is liable to be dismissed, hence dismissed, no order as to cost. Interim orders stand vacated/withdrawn. IAs stand disposed of.
Copy of the Order be given / sent to the parties.
File be consigned to Record room.
Order pronounced in open Tribunal today on this 15<sup>th</sup> February, 2019
*M. S. RAO* 15-02-2019
(M.S. RAO)
Presiding Officer
Debts Recovery Tribunal No.2, Kolkata