M/S Sri Chandramala Enterprises ... vs Punjab National Bank,
2022 Latest Caselaw 4665 AP

        HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No.: W.P.No.15356 of 2022

                             PROCEEDING SHEET

Sl.
                                             ORDER

No DATE

7. 26.7.2022 CPK, J & TRR, J

The short point that arise for consideration in the present writ petition is:

"Whether the authorities were right in executing the warrant after its expiry, basing on a memo filed?"

Learned counsel for the petitioner relies upon a judgment of a Division Bench to show that this being a time frame warrant, the Court erred in allowing the memo and permitting the authorities to execute the warrant. While learned counsel for the respondents submits that when the petitioner, who is a tenant, is not a party to the proceedings before the learned Magistrate or having any right over the property, cannot question the same before this Court. In other words, his argument appears to be that only the owner has a right to question the same under Section 17 of the SARFAESI Act.

Insofar as the legal issue is concerned, learned counsel for the petitioner sought time to place on record the judgments in support of his plea.

List on 28.7.2022 under the caption "For Orders".

___________ CPK, J

___________ TRR, J AMD