1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 4232 of 2008. [Omprakash Bajaj Vs. The Recovery Officer DRT and others] Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri A. M. Ghare Advocate for petitioner. Coram : B.H. Marlapalle and A.H. Joshi, JJ. Dated : 10th NOVEMBER, 2008. Heard learned Counsel for the petitioner who is aggrieved by the order dated 17-9-2008 passed by the Debt Recovery Tribunal Nagpur in I. A. No.259/2008 filed in appeal NO.10/2007. There is no dispute that the said order is appealable under Section 20 of the Debt Recovery and Due to Bank and Financial Institution Act, 1993 and when such remedy of appeal is available, the Writ Petition under Article 226 of the Constitution of India cannot be entertained as has been held in case of Sadhana Lodh Vs. National Insurance Co. Ltd., and asnother 2003(3) SCC 524. 2 Learned Counsel for the petitioner, therefore sought leave to withdraw the petition so as to approach the Debt Recovery Appellate Tribunal. He has stated that as of now, the Appellate Tribunal at Mumbai is not functioning and its charge is with the appellate Tribunal at New Delhi, and therefore, prayed for ad interim order to be continued for a period of four weeks. Hence, the petition is disposed off as withdrawn with liberty to the petitioner to approach the Debt Recovery Appellate Tribunal, and if such an appeal is filed within a period of four weeks from today, the ad interim order passed earlier on 23-9-2008 shall continue to operate for four weeks from today. JUDGE JUDGE //Muley//.