1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR W.P.No. 4508/2008 M/s Keshwani's a proprietary firm through its proprietor Shri Viral Mandlal Keshwani vs. Union of India, through its Secretary, and others. --------------------------------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. --------------------------------------------------------------------------------------------------------- Mr. A.M.Ghare, Advocate for the petitioner. CORAM : B.H.MARLAPALLE & A.H.JOSHI, JJ DATE : 20.10.2008 Heard the learned counsel for the petitioner who is aggrieved by a Notice issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“The Act” for short). In addition, it is contended that the notification issued by the Government of India through the Ministry of Finance on 28.1.2003 making the said Act applicable to the Cooperative Banks is a subject matter of challenge before the Apex Court in SLP (Civil) No. 17573/07 and by an order dated 20.9.2007 stay granted by this Court in W.P.No. 2672/07 on 3.7.2007 has been extended till the SLP comes for hearing on the date fixed. Admittedly, the order under Section 13(4) of the said Act has not yet been passed and if such an order is passed pursuant to the impugned notice in the petition, the petitioner's remedy lies under Section 17 of the Act by filing an appeal before the Debts Recovery Tribunal. 2` Along with the appeal the petitioner has also remedy to file an application for interim relief and pray for appropriate interim orders on all grounds raised in this petition. When such a remedy of appeal provided under the Act is available, a Writ Petition under Article 226 of the Constitution of India is not maintainable. Hence, the petition is rejected as not maintainable and the petitioner is at liberty to approach the Debts Recovery Tribunal as and when the order under Section 13(4) of the Act is passed. While hearing the application for interim relief undoubtedly the Debts Recovery Tribunal will consider the same on its own merits. JUDGE JUDGE patle 3`