Securitisation Act sec 17(1) - Judgements under limitation

BEFORE 45 DAYS YOU HAVE TO LODGE APPEAL UNDER PROVISION OF SECTION 17 OF SARFACIA 2004 SO TELL ME ABOUT HOW MUCH TIME YOU HAVE PASSED AFTER 45 DAYS OF LIMITATION AND THENAFTER I CAN SUGGEST PROPER JUDGMENTS FOR CONDONATION OF DELAY

There are several confliting judgments passed by  Kerala High Court, Madras High Court, Bombay High Court and Calcutta High Court as to whether Sec. 5 of Limitation Act would apply to appeals filed under Sec.17(1) of the Securitisation Act, ie, within 45 days from the Possession Notice u/S.13(4).  In many cases banks did not issue or serve possession notice to the borrower/mortgagor.  They would have published in some unknown papers of meger circulation.  Some banks approach Chief Judicial Magistrate u/Sec.14 for physical possession without issue of Possession Notice.  In this case Hon'ble Apex Court decided that Appeal u/S17 can be preferred before DRT.  In Ashok Saw Mills case Supreme Court  decided that appeal u/S 17 can be filed for each cause of action under proceedings u/S.13(4).

Madras HC case- Ponnusamy & anr Vs DRT & anr- CDJ 2009 MHC 6210-         can condone delay

DRAT, Mumbai-  2009 I DRTC 284 (DRAT, Mum)-  can condone delay

2008 (2) All M R 512- can condone delay

While converting a proprietorship concern to partnership firm, the asset and liabilities are transferred.

Whether we have to raise invoice for Assets transfer from Proprietorship Concern to Partnership Firm?

Whether we have to show as Sales in Proprietorship Concern and pay sales tax ?

What do you meanm by good judjments?

All judments will be good judgments and will have their basis on the facts of those  cases. Without disclosing facts of the case you are seeking experts to suggest suggest you for a good judgment. As stated by Mr.O.F.Raju Expert, you may refer to all the judgments rendered by Madras High Court, Bombay High Court,A.P. High Court, Allahabad High Court,Kerala High Court,Calcutta High Court and all other High Courts on this score. Even though they are conflictive they are all good judments. It depends upon your ability how you convince the Authority in seeking condonation of delay (under Sec.5 of Limitation Act) in getting admitted the application under Sec.17 of the SARFAESI Act, after bar of 45 days.