https://www.taxtmi.com/caselaws?id=109349 An application under Section 31A(1) for recovery on the basis of a preliminary mortgage decree is maintainable before the Debts Recovery Tribunal as a recovery proceeding. Once the time fixed in the preliminary decree expires, the application may be treated as akin to a final decree proceeding for recovery of the decretal debt, and the Tribunal retains jurisdiction because the Act vests exclusive recovery power in it. However, where such an application is filed beyond the ordinary limitation period, Section 24 makes the Limitation Act applicable, so delay cannot be ignored and condonation must be sought before the Tribunal. The recovery application was not struck off, but the delay had to be regularised before proceedings could continue. en-us Tue, 03 Feb 2004 00:00:00 +0530 Mon, 09 Apr 2012 11:07:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=109349 An application under Section 31A(1) for recovery on the basis of a preliminary mortgage decree is maintainable before the Debts Recovery Tribunal as a recovery proceeding. Once the time fixed in the preliminary decree expires, the application may be treated as akin to a final decree proceeding for recovery of the decretal debt, and the Tribunal retains jurisdiction because the Act vests exclusive recovery power in it. However, where such an application is filed beyond the ordinary limitation period, Section 24 makes the Limitation Act applicable, so delay cannot be ignored and condonation must be sought before the Tribunal. The recovery application was not struck off, but the delay had to be regularised before proceedings could continue. Case-Laws Companies Law Tue, 03 Feb 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=109349