1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No.4558 of 2008. Hanuman Minerals v Central Bank of India and another Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shriu A. H Lohiya, Advocate for the petitioner. Coram : B.H. Marlapalle and A.H. Joshi, JJ. Dated : 20th October, 2008. 1. Heard Mr. Lohiya, the Learned Counsel for the petitioner Company. 2. The Company is facing the Recovery Proceeding No.71 of 2005 initiated by the Recovery Officer under the Recovery of Debts Due to Banks and Financial Institutions Act 1993. 3. In the said proceedings, an application under Exh.17 was filed by the Bank praying for taking over the 2 property under attachment so as to effect its auction sale, and the same application was allowed on 25-7-2008. 4. The petitioner filed an application at Exh.23, and prayed for review of the said order, and the Recovery Officer was pleased to reject the said application by his Order dated 29-8-2008, and hence, this Writ Petition under Articles 226 and 227 of the Constitution of India. 5. It was contended by the Learned Counsel for the Petitioner Company that the Recovery Officer has no powers to take over the possession of the property attached unless the same is sold. 6. We have noted that Section 13 of the Act provides for an appeal against the order passed by the Recovery Officer, and appeal is required to be filed within 30 days from the date on which the copy of the order is received by the appellant . 3 7. It is well settled that when the statutory remedy of appeal is available, writ petition under Article 226 and 227 of th Constitution of India cannot be entertained. 8. Hence, the Petition is rejected. JUDGE JUDGE /Muley/