PNP 1 WP10311-7.12.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10311 OF 2011 M/s. Hassan Biomass Power Company Pvt. Ltd. ..Petitioner. versus The District Magistrate, Office of the District Magistrate, Pune and others ..Respondents. ..... Mr. Ashok B. Tajane for the Petitioner. Mr. Nikhil Rajani i/b M/s. V. Deshpande & Co. for Respondent No.5. ...... CORAM : DR.D.Y.CHANDRACHUD & A. A. SAYED, JJ. 7 December 2011. P.C. : 1. This Petition is an abuse of the process of the Court. An order has been passed by the District Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 on 20 October 2011. The Petitioner has already moved the Debts Recovery Tribunal under Section 17. An application for interim relief ought to have been moved before the Tribunal, in stead the Petitioner has chosen to move this Court. The Court is informed that symbolic possession has already been taken. We see no reason to exercise our writ jurisdiction under Article 226 of the Constitution when an alternate remedy is available. The Act envisages that any person aggrieved by a measure taken under PNP 2 WP10311-7.12.sxw Section 13(4) can seek a remedy before the Tribunal. We accordingly dismiss the Petition leaving it open to the Petitioner to move the Tribunal. (Dr. D.Y. Chandrachud, J.) (A. A. Sayed, J.)