M/S. Sri Sai Baba Cotton Company vs Union Bank Of India
2022 Latest Caselaw 2133 AP

             THE HON'BLE SRI JUSTICE A.V.SESHA SAI
                              AND
           THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                 WRIT PETITION No.6176 OF 2022

ORDER: (Per Hon'ble Sri Justice A.V.Sesha Sai)

      Heard Sri A.K.Kishore Reddy, learned counsel for the

petitioners and Smt. V.Dyumani, learned Standing Counsel for

the respondent-bank, apart from perusing the material available

on record.

2. The sum and substance of the case of the petitioners

in the present Writ Petition is that the Commissioner appointed

under the provisions of Section 14 of the Securitization and

Reconstruction of Financial Assets and Enforcement of Security

Interest Act, 2002, cannot execute the warrant beyond the period

prescribed in the warrant. In the instant case, the learned Chief

Judicial Magistrate-cum-Principal Assistant Sessions Judge,

Guntur, issued warrant returnable along with the report of the

Commissioner by 05.02.2021. In fact, this issue is no longer res

integra and a Co-ordinate Division Bench of this Court in Writ

Petition No.30161 of 2021, vide judgment dated 18.02.2022,

made it very much clear that if a CMM imposes a time-limit for

taking over possession, such stipulated time has to be

mandatorily adhered to and if the same is not done, be it for

whatever reason, the appropriate course of action is to re-

approach the CMM concerned for extension of time.

3. Learned Standing Counsel Smt. V.Dyumani, submits

that in view of the lapse of the time granted in the earlier warrant

order, the respondent-authorities have already approached the

Chief Judicial Magistrate and only after obtaining extension of

time, necessary further action will be taken.

4. Recording the aforesaid submission of the learned

Standing Counsel, this Writ Petition stands disposed of. There

shall be no order as to costs of the Writ Petition.

As a sequel, interlocutory applications pending, if any, in

this Writ Petition shall stand closed.

___________________ A.V.SESHA SAI, J

_________________________ RAVI NATH TILHARI, J

Date: 29.04.2022

siva

THE HON'BLE SRI JUSTICE A.V.SESHA SAI AND THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.6176 OF 2022

Date: 29.04.2022

siva