1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 4109 of 2008. Laddha Brothers Films Private Ltd. v Union of India and others Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri S. P. Bhandarkar, Advocate for the petitioner. Shri Jayant Mokadam, Advocate for R-1. Shri R. L. Khapre, Advocate for R-2. Coram : B.H. Marlapalle and A.H. Joshi, JJ. Dated : 20th October, 2008. 1. Heard Learned Counsel for the petitioner/Company. 2. After receiving notice under Section 13 (2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (The Securitization Act for short), further order under Section 13 (4) of the said Act, has been passed, and therefore, the petitioner has approached this Court. The petitioner also 2 contends that the notification issued by the Government of India on 28-1-2003 bringing the Co-operative Banks within the purview of the Securitization Act, is a subject matter of challenge before the Apex Court. 3. The Order passed under Section 13 (4) of the Securitization Act, is appellable under Section 17 of the said Act, and when such a remedy of appeal has been provided in the statute, the Writ Petition cannot be entertained. 4. Hence, the petition is rejected with liberty to the petitioner to approach the Debts Recovery Tribunal with an appeal under Section 17 of the Securitization Act. 5. If such an appeal is filed within two weeks from today, the period of pendency of this petition be taken into consideration for condonation of delay, if any, in filing the appeal before the Tribunal. 6. While considering the application for injunction/interim relief, the Tribunal will consider the same on its own merits and without being influenced by the interim order passed by this Court. 3 7. The Order of status quo granted by this Court on 19-9-2008 shall continue to operate for a period of two weeks from today. JUDGE JUDGE /Muley/