{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5194 OF 2009 Shivlala Ramchandra Jain PETITIONER VERSUS The State of Maharashtra and others RESPONDENTS ....... Mr.B.R.Kedar, Advocate for petitioner Mr.K.B.Chaudhari, Addl.G.P. for respondent State ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 17th August 2009 PER COURT: 1. This is a petition under Article 226 of the Constitution of India by which the petitioner prays for issuance of a writ for quashing and setting aside the notice issued by the respondent bank u/s 13 (2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 to the petitioner. The principal ground of challenge, which is urged in the petition, is that the provisions of Securitization Act are not applicable to cooperative banks. This question is no longer a res intergra in the light of judgment of the Division Bench of this {2} Court in “Nashik Merchants Coop Bank V/s Aditya Hotel” reported in 2009 (4) Mh.L.J 183. In the light of that therefore, the aforesaid challenges do not survive for consideration. In any event, the petitioner has alternate efficacious remedy available in law for questioning the measures taken by respondent Bank under the Securitization Act. In the light of that, therefore, the petition, which is sans merits, is dismissed with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp5194-09