SM 1 906.wpl.1766.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 1766 OF 2011 E-Star InfoTech Limited ....Petitioner. Versus Union Bank of India and others ....Respondent. ____________ Mr. Mathews J. Nedumpara with Ms. Rohini B. Amin for the Petitioner. Mr. Naresh S. Fadia for the Respondent No. 1. CORAM: DR. D. Y. CHANDRACHUD & A. A. SAYED, J.J. DATED : SEPTEMBER 6, 2011. P.C.: The Petitioner has sought to challenge in these proceedings under Article 226 of the Constitution an order passed by the Debts Recovery Tribunal on 9 February 2011 and 20 July 2011 declining to accept a request made by the Petitioner's Advocate seeking the recusal of the Presiding Officer. The orders passed by the Tribunal are subject to an appeal before the Appellate Tribunal under sub-Section 1 of Section 20 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Hence, we are not inclined to entertain the Petition under Article 226 of the Constitution. 2. Prayer (b) seeks a writ of mandamus directing the Tribunal to address a communication to the Chairperson of the Debts Recovery Appellate Tribunal at Kolkatta, who is now incharge of the Debts Recovery Appellate Tribunal at Mumbai, to SM 2 906.wpl.1766.11 transfer Original Application No. 156 of 2006 from the Debts Recovery Tribunal-II to any other Tribunal. No such writ of mandamus can be issued by this Court compelling the Tribunal to address such a communication to the Debts Recovery Appellate Tribunal. That apart, even this aspect is dealt with in the order of the Tribunal dated 28 July 2011. If the Petitioner is aggrieved, it has a remedy available under the Act. The Petition is accordingly dismissed. (A. A. SAYED, J.) (DR. D. Y. CHANDRACHUD, J.)