CS Professional · Corporate Restructuring, Valuation and Insolvency · Debt Recovery and SARFAESI
Ramesh, a guarantor who is not the borrower, is aggrieved by a DRT order under section 17 of the SARFAESI Act, 2002 received on 1 March. By when must he prefer an appeal to the Appellate Tribunal, as per the Act's text?
Any person aggrieved by a DRT order under section 17, including a non-borrower guarantor, may appeal to the Appellate Tribunal within thirty days from the date of receipt of the order. The fee may differ for non-borrowers, but the period does not.
- AWithin thirty days from the date of receipt of the DRT's orderCorrect
- BWithin sixty days from the date of the DRT's order
- CWithin ninety days from the date of the secured creditor's notice
- DWithin forty-five days from the date of receipt of the order
Explanation
Section 18(1) lets any person aggrieved by a DRT order under section 17 appeal within thirty days from the date of receipt of the order. The Act also allows different fees for a borrower and a person other than the borrower, but the time limit is the same.
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