PNP 1 WP7674-5.9.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7674 OF 2010 Aadhik Nivrutti Karande ..Petitioner. versus Sharad Sahakari Bank Ltd. and another ..Respondents. ..... Mr. Pravardhan Pathak i/b Mr. Uday P. Warunjikar for the Petitioner. Mr. Vivek Salunke i/b Mr. P.B. Shah for Respondent No.1. ...... CORAM : DR.D.Y.CHANDRACHUD & A. A. SAYED, JJ. 5 September 2011. P.C. : In the present case an order has been passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 on 2 September 2010. The Petitioner has recourse to an alternate remedy under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The Petition was moved with a specific averment in paragraph 6 of the Petition that the Petitioner has not received a notice under Section 13(2) or under Section 13(4). In the affidavit in reply, it has been stated that the First Respondent issued a notice under Section 13(2) on 10 October 2008 which is duly received by the Petitioner on 15 October 2008. Thereafter the First Respondent is stated to have issued a notice for possession on 5 January 2009. Notices were served both on the PNP 2 WP7674-5.9.sxw Petitioner and on the guarantor. At Exhibit A to the reply are copies of the acknowledgments. These averments in the reply have not been denied. In these circumstances, we are not inclined to exercise our jurisdiction under Article 226 of the Constitution, particularly when an efficacious alternate remedy is available to the Petitioner. We accordingly dispose of the Petition leaving it open to the Petitioner to do so. The interim order stands vacated. (Dr. D.Y. Chandrachud, J.) (A. A. Sayed, J.)