JUDGMENT :

The petitioner has approached this Court challenging Ext.P2 order passed in an un-numbered Securitisation Application, rejecting the Securitisation Application on the ground that it is barred by limitation. The undisputed facts are that the Chief Judicial Magistrate Court, Ernakulam, had issued an order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act), for taking physical possession of the secured asset. The Advocate Commissioner had issued a notice on 29-07-2022, requiring the applicant to handover the vacant possession of the property within a period of 14 days. Pursuant to the said notice, the petitioner filed a Securitisation Application under Section 17 of the SARFAESI Act on 14-09-2022, and the same has been rejected on the ground that the Securitisation Application was not filed within a period of 45 days from 29-07-2022. According to the Tribunal, the application was delayed and was out of time by two days.

2. The learned counsel appearing for the petitioner states that the period of limitation cannot be counted from 29-07-2022. It is submitted that even on the completion of 14 day