PER DHIRAJ SINGH THAKUR, CJ :

The petitioner preferred a Securitization Application accompanied by an application for condonation of delay before the Debts Recovery Tribunal, Visakhapatnam. The Securitization Application was filed challenging the notice, dated 09.01.2024, issued by the Advocate Commissioner, who had been appointed by the Chief Metropolitan Magistrate, Vijayawada, in regard to the secured asset with the Bank of Maharastra – respondent No.1 herein.

2. The Debts Recovery Tribunal noted that the period of limitation prescribed for filing an appeal under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (hereinafter referred as “the Act”) was 45 days from the date on which measures had been taken. The Debts Recovery Tribunal noted that the Chief Metropolitan Magistrate, Vijayawada, had passed an order in Crl. M.P. No.384 of 2022 appointing an Advocate Commissioner to take possession of the house, which was a secured asset, on 02.03.2022.

Against the said order, the Debts Recovery Tribunal noted that the petitioner had filed a writ petition before this Court, which petition came to be dismissed by virtue