1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. W. P. No.1512 of 2008. [ Mahesh S/o Narayandas Batra Vs. Union 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. Shri A. H. Lohiya, Advocate appears for petitioner. Coram : B.H. Marlapalle and A.H. Joshi, JJ. Dated : 1st December, 2008. The Order dated 16-10-2008 be corrected and read as an order directing the petitioner to deposit an amount of Rs.74 lacs. The petitioner is aggrieved by the notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 (the Securitization Act for short) issued by the Respondent no.2 Bank. The notice dated 17-1-2008 also indicates that the Bank was proposing to take steps for enforcement under Section 13(4) of the Securitzation Act. Notice dated 18-3-2008 issued by the Bank also indicates 2 that the measures under Section 13(4) of the Securitization Act, were also taken, and the possession of the mortgaged property was claimed to have been taken over on 28-3-2008. The order passed under Section 13(4) of the Securitization Act is appealable under Section 17 of the said Act, and the appeal lies before the Debts Recovery Tribunal. The petitioner, therefore, has the remedy of appeal before the Debts Recovery Tribunal at Nagpur. So as to continue with the ad interim order, we had directed the petitioner to deposit an amount of Rs.74 lacs with the Registry of this Court before 7-11-2008 and the said order has not been complied with. When a statutory remedy of appeal has been provided, we do not see any reason to entertain the petition under Article 226 and 227 of the Constitution and hence, the petition is disposed off with liberty to the petitioner to approach the DRT. If such an appeal is filed within a period of four weeks from today, the period of pendency of this petition 3 from 2-4-2008 be taken into consideration for condonation of delay if any in filing the appeal. JUDGE JUDGE /Muley/