1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2339 OF 2010 Sunil Ganeshlal Agrawal and others. ..Petitioners V/s The Khamgaon Urban Co-operative Bank Ltd., Khamgaon ..Respondent ......... Mr.A.M. Gholap, advocate for the petitioners. Mr.A.S. Bayas, advocate for respondent. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 30th June, 2010. PER COURT : 1. Heard learned counsel. 2. The petitioners filed the proceedings against the respondent-Bank vide Securitisation Application No.55/2008 before the Debt Recovery Tribunal, challenging the action under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioners' claim was partly allowed. The grievance of the petitioners is that though the compensation was claimed as permissible under Section 19 of the said Act, the part of such claim was not considered by the Debt Recovery Tribunal. There is appellate remedy provided under Section 18 and the petitioners are at liberty to seek alternate remedy available under the law. The counsel for 2 the petitioners would submit that appellate remedy under Section 18 is only in respect of the reliefs pertaining to Section 17. The conjoint reading of Section 17 and Section 19 would make it amply clear that the orders which are required to be passed under Section 19 are the part and parcel of same proceedings initiated under Section 17 or Section 17(A), and therefore, they can not be segregated from each other. Needless to say that refusal to grant compensation expressly or impliedly is integral part of the said order under the provisions of Securitisation Act. Therefore, appellate remedy is available. The counsel would submit that the proviso requires the prepayment before entertaining the appeal. That may not be, however, required to be done by the petitioners because they are not charged with any financial liability under the impugned order. The Petition is disposed of in view of the availability of efficacious alternate remedy. No costs. (V.R.KINGAONKAR) JUDGE gas/wp2339.10