Kolia Nehru Mala vs Bank Of Maharastra,
2024 Latest Caselaw 5149 AP

Andhra Pradesh High Court - Amravati

Kolia Nehru Mala vs Bank Of Maharastra, on 5 July, 2024

Author: Ninala Jayasurya

Bench: Ninala Jayasurya

APHC010227662024                                                 Bench Sr.No:-6
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                                                     [3443]
                                AT AMARAVATI

                       WRIT PETITION NO: 13787 of 2024



Kolla Nehru Mala                                                  ...Petitioner

      Vs.

Bank of Maharastra and others                                ...Respondent(s)


                                       **********

Mr. Peta Gnana Teja, Advocate for Petitioner.

CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE NINALA JAYASURYA

DATE : 5th July, 2024

PC:

The present petition has been filed challenging the order passed by the Debts Recovery Tribunal, Visakhapatnam, dated 1st of April, 2024, whereby the application filed for condoning the delay in presenting the application under Section 17 of the Securitisation And Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, 'the SARFAESI Act'] beyond the period of limitation of 45 days prescribed under the said Act has been rejected on the ground that there was no provision for the Tribunal to condone the delay beyond the period that has been specifically provided under Section 17 of the said Act.

Learned counsel for the petitioner places reliance upon the Apex Court judgment rendered in the case of Consolidated Engineering Enterprises v. Irrigation Department [(2008) 7 SCC 169], M.P. Steel Corporation v. CCE [(2015) 7 SCC 58] followed subsequently in Baleshwar Dayal Jaiswal v. Bank of India [(2016) 1 SCC 444] to bring home the point that delay in filing an application under Section 17 of the SARFAESI Act could be condoned by the Tribunal.

Issue notice to the respondents returnable on 30.08.2024.

List on 30.08.2024.

In the meantime, operation of the order impugned passed by the Debts Recovery Tribunal in IR(SA).No.92/2024, dated 01.04.2024, as also the proceedings initiated by the respondents against the petitioner under the SARFAESI Act shall remain stayed.

DHIRAJ SINGH THAKUR, CJ

NINALA JAYASURYA, J

Vjl