CW 4671/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No. 4671/2010 Anshul Saini & Anr Versus State & Ors. Date of Order ::: 06/04//2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Arvind Bhardwaj, for petitioner Instant petition has been filed assailing notice dt.10/07/2009 (Ann.1) U/s 13 (2) and so also U/s 13(4)(a) of the Securitization & Reconstruction of Financial Assets and enforcement of Security Interest Act, 2002 besides auction notice dt.20/02/2010 published by respondents in daily news paper. Counsel submits that petitioner was principal debtor who took loan by availing of over-draft limit; however, their account became NPA; thereby respondents issued notice U/s 13 (2) of Act, 2002 and after expiry of statutory period, affording him opportunity of hearing to submit objection U/s 13(3A). further notice was served U/s 13(4) and after due compliance of provisions of the Act, 2002, respondents took possession of the property and security was put to action vide public auction being published in daily news paper dt.21/02/2010 – against which indisputably appeal lies before the Debts Recovery Appellate Tribunal U/s 17 of the Act, 2002. Counsel submits that Presiding Officer of appellate Tribunal is on leave and even if CW 4671/10 //2// appeal is preferred by petitioner, it will be presented before the Registrar but he will not get any order on appeal, if preferred. Suffice it to say that it is not the case that the petitioner has preferred appeal but has approached this Court for the reason that he has not been able to pursue for grant of interim relief pending appeal. If appeal is preferred, some arrangements must have been made to dispose of urgent applications but there cannot be any dispute that order impugned is appealable under the Act, 2002. In view of remedy available under the law, this court is not inclined to entertain the petition. Consequently, writ petition fails and is hereby dismissed. However, petitioners will be at liberty to avail of remedy under the law, if so advised. (Ajay Rastogi), J. K.Khatri/p2/ 4671CW2010Apr06DsRmdy.doc