S.J.VAZIFDAR,J. - (1.) The question of law that arises in this petition is whether an appeal under Section 18 of the Securitization & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the Act') is maintainable against an order of the Debt Recovery Tribunal dismissing an application under Section 17 of the Act on the ground of limitation. It is contended that an order dismissing an application for condonation of delay in filing an appeal under Section 17 is not an order under Section 17 and is therefore not appealable under Section 18 of the Act. Based on this contention it is alleged that the petitioners have no alternate remedy.
(2.) We have not accepted this submission. We have held that such an order is appealable and have accordingly relegated the petitioner to the alternate remedy under the SARFAESI, Act.
(3.) Section 5 of the Limitation Act reads as under:- "5. Extension of Prescribed period in certain cases.-Any appeal or any application, other than an application under any of the provisions of Order 21 of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period, if the appellant or the applicant satisfies the Court that he had sufficient cause for not preferring the appeal or making the application within such period. Explanation.-The fact that the appellant or the applicant was misled by any order, practise or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section". Sections 17 and 18 of the SARFAESI in Act, so far as they are relevant read as under:- "17.Right of Appeal.-(1) Any person (including borrower), aggrieved by any of the measures referred to in subsection (4) of section 13 taken by the secured creditor or his authorised officer under this Chapter, [may make an application along with such fee, as may be prescribed] to the Debts Recovery Tribunal having jurisdiction in the matter within forty-five days from the date on which such measure had been taken: "18. Appeal to Appellate Tribunal.-(1) Any person aggrieved, by any order made by the Debts Recovery Tribunal [under section 17, may prefer an appeal along with such fee, as may be prescribed] to an Appellate Tribunal within thirty days from the date of receipt of the order of Debts Recovery Tribunal: ;