Limitation Act applies to Section 17 SARFAESI proceedings, allowing delay condonation before the Tribunal.

The Punjab and Haryana HC stated that the Debts Recovery Tribunal can condone delay in an application under Section 17 of the SARFAESI Act because Section 17(7) directs the Tribunal to follow the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, and Section 24 of that Act applies the Limitation Act, 1963. As the SARFAESI Act does not expressly or by necessary implication exclude the Limitation Act, Section 5 remains available for delay-condonation. The Tribunal's refusal to consider delay on the supposed absence of power was therefore unsustainable, and the matter was remitted for fresh consideration on merits.

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Issues: (i) Whether the Debts Recovery Tribunal has power to condone delay in filing an application under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

Analysis: Section 17 permits an aggrieved person to approach the Tribunal against measures taken under Section 13(4) of the 2002 Act, and Section 17(7) requires the Tribunal to proceed, as far as may be, in accordance with the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Section 24 of the 1993 Act applies the Limitation Act, 1963 to applications before the Tribunal, and the 2002 Act does not expressly exclude the operation of the Limitation Act. The provision under Section 17 is a remedial one, akin to objections against enforcement action, and the time-limit in the special statute does not by itself exclude the power to consider delay under Section 5 of the Limitation Act.

Conclusion: The Tribunal does have jurisdiction to condone delay in a Section 17 application, and the dismissal of the securitisation application on the ground of want of such power was unsustainable.

Final Conclusion: The petitions succeeded, the Tribunal's orders were set aside, and the matter was remitted for fresh decision on the delay-condonation applications on merits.

Ratio Decidendi: In the absence of express or necessarily implied exclusion, the Limitation Act applies to proceedings under Section 17 of the 2002 Act through Section 17(7) of that Act read with Section 24 of the 1993 Act, enabling the Tribunal to consider condonation of delay under Section 5 of the Limitation Act, 1963.

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