hvn IN THE HIGH COURT OF JUDICUATURE AT MUMBAI ORDINARY ORIGINAL CIVIL SIDE NOTICE OF MOTION NO. 4 OF 2010 WITH NOTICE OF MOTION NO. 5 OF 2010 IN WRIT PETITION NO. 2586 OF 2006 Mr. Kaluram Kharatiram Khanna ... Petitioner Versus Indian Overseas Bank ... Respondent Dr. Kishan Khanna for Petitioner. Mrs. Usha Srivastava i/by M/s.Consulta Juris for Respondents. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : FEBRUARY 11, 2010 P.C. We find that the petition itself was disposed of by order dated 30.09.2008. Subsequent to that the learned tribunal sought time to dispose of the matter which was granted by order of 21.4.2009. We are informed that the counter claim has since been disposed of. Once that be so, the remedy for the party would be to move the forum available under the relevant Act, in the instant case Debt Recoveries Act. The present motion is taken out in the petition which has already been disposed of to quash the order passed by D.R.T. In our opinion, as the petitioner has alternative efficacious legal remedy available, such relief would not be available even when the petition was filed, and apart from that it is not available in the motion. Hence, motion disposed of. Similarly Notice of Motion No. 5 of 2010 is also disposed of as not maintainable. (J.H. BHATIA,J.) (F.I. REBELLO,J.)