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2019 (1) TMI 132 - HC - Indian LawsCondonation of delay in filing appeal - time limitation - Limitation Act - Jurisdiction - power of Tribunal to condone the delay - whether the Tribunal has the power to condone the delay under Section 5 of the Limitation Act, 1963 in respect of the proceedings under Section 19 of the 1993 Act? - maintainability of ex-parte order - Held that:- It is well settled that the Limitation Act, 1963 is procedural law - In Hitendra Vishnu Thakur vs. State of Maharashtra, [1994 (7) TMI 343 - SUPREME COURT OF INDIA], it has been held by the Supreme Court that law relating to forum and limitation is procedural in nature, whereas law relating to right of action and right of appeal even though remedial is substantive in nature. In the present case, the Tribunal dismissed the application for setting aside the exparte order dated 9.8.2017 on the ground that the Tribunal had no jurisdiction to condone the delay under Section 5 of the 1963 Act as the application was filed after the expiry of two months - Similar issue came up before this Court in M/s Oswal Spinning and Weaving Mills Limited and others v. UCO Bank and another [2018 (11) TMI 532 - PUNJAB AND HARYANA HIGH COURT], where this Court has held that the Tribunal had the power to condone the delay under Section 5 of the 1963 Act to the proceedings under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. From the plain reading of Section 24 of the 1993 Act and the judicial pronouncements, the inevitable conclusion is that the provisions of Section 5 of the 1963 Act are applicable to the proceedings/application filed under Section 19 of the 1993 Act before the Tribunal. Once it is so held, the provisions of Section 5 of the 1963 Act are applicable to the application, therefore, the application seeking condonation of delay shall also be maintainable. The Tribunal has wrongly rejected the condonation of delay application filed by the petitioner for setting aside exparte order holding that the Tribunal had no jurisdiction to condone the delay - Matter restored before tribunal - petition allowed.
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