What is the time limit for filing an appeal before DRAT as against an order passed in DRT?
The time limit for filing an appeal before the Debt Recovery Appellate Tribunal (DRAT) as against an order passed by the Debts Recovery Tribunal (DRT) is 45 days from the date on which a copy of the order is received by the aggrieved person.
The relevant provision is Section 20(3) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDDBFI Act), which states:
“An appeal shall lie to the Appellate Tribunal from an order made by the Tribunal, within a period of forty-five days from the date on which a copy of the order is received by the person aggrieved.”
The 45-day period is a strict time limit and cannot be extended. However, there is a limited exception to this rule. Section 20(3) of the RDDBFI Act also provides that an appeal may be filed after the expiry of the 45-day period if the Appellate Tribunal is satisfied that the appellant had sufficient cause for not filing the appeal within the time limit.
To be able to avail of this exception, the appellant must file an application with the Appellate Tribunal seeking condonation of delay. The application must be filed within 60 days from the expiry of the 45-day period. The Appellate Tribunal will consider the reasons for the delay and decide whether to condone it.
In case the Appellate Tribunal does not condone the delay, the appeal will be dismissed.
Here are some important things to note about the time limit for filing an appeal before DRAT:
- The 45-day period starts from the date on which a copy of the order is received by the aggrieved person. This is not the date on which the order is passed by the DRT.
- The 45-day period is a strict time limit and cannot be extended, except in limited circumstances.
- An application for condonation of delay must be filed within 60 days from the expiry of the 45-day period.
- The Appellate Tribunal will consider the reasons for the delay and decide whether to condone it.
If you are considering filing an appeal before DRAT, it is important to be aware of the time limits involved. You should also seek legal advice to ensure that your appeal is filed in a timely manner and that it is properly prepared.
