HON’BLE SHRI ANIL R. DAVE, THE CHIEF JUSTICE AND HON’BLE SHRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 1382 of 2008 Dated: 29-01-2008 Between: Shaik Ismail and another …Petitioners AND The Chief Manager and Authorised Officer, Andhra Bank, Zonal Office Sithammadhara, Visakhapatnam and others …Respondents O R D E R: (Per Gopala Krishna Tamada,J) Having heard both the learned counsel, this Court is of the view that the writ petition is misconceived. Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the Act’) provides for enforcement of security interest and Section 14 of the said Act deals with taking possession of secured asset. Under Section 17 of the Act, an appeal is maintainable by any person against any order passed by the secured creditor or his authorised officer. As the petitioner before us is a tenant who is in possession of the premises in question, he can avail the right of appeal provided under Section 17 of the said Act. The only contention put forth by the learned counsel Sri D.Ramalinga Swamy is that the petitioner who is a tenant is not furnished with a copy of the order and, therefore, he is not in a position to approach the appellate authority under Section 17 of the Act. Learned counsel further submitted that if the order is given effect to, the possession of the petitioner is likely to be affected. In the circumstances, to protect the interest of the petitioner, it is appropriate to direct the petitioner to file an application within one week from today before the Bank and upon filing of such application, the Bank shall furnish a copy of the operative portion of the order within a period of one week so that the petitioner can avail the remedy of appeal. After receipt of copy of operative portion of the order from the Bank, the petitioner shall obtain appropriate order from the appellate authority within a period of one month. Till then, the petitioner shall not be disturbed. Subject to the above, the writ petition is dismissed. There shall be no order as to costs. ANIL R. DAVE, CJ GOPALA KRISHNA TAMADA, J 29th January, 2008 Note: Furnish copy of the order by tomorrow /B.O/ GRR