1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Writ Petition No.4266 of 2008 [R.N. Khandelwal & another Vs. Union of India & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. M.G. Sarda, Adv., for the petitioners. Mr. S.K. Mishra, Asstt. Solicitor General for respondent no.1. ----- CORAM : B.H. MARLAPALLE AND A.H. JOSHI, JJ. DATE : 10th November,2008. 1. Heard learned Counsel for the petitioners. 2. The petitioners are aggrieved by the notice issued under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets & Enforcement of Security Interests Act, 2002. 3. Admittedly, further order under Section 13 (4) of the Act has not yet been passed and 2 the petitioners have relied upon the interlocutory orders passed by the Supreme Court in Special Leave Petition No. 17573 of 2007 on 20th September, 2007, 1st October, 2007 and 19th November, 2007. 4. The issue regarding applicability of the Notification dated 28th January, 2003 was challenged before Aurangabad Bench of this Court in Writ Petition No. 2672 of 2007, and the said petition came to be dismissed. However, the Aurangabad Bench stayed its order and the said stay has been continued by the Apex Court. 5. The petitioners contend that as the Supreme Court is likely to consider the issue of applicability of Notification dated 28th January, 2003, this petition under Article 226 of the Constitution is maintainable. 6. We do not find any force in these contentions. 7. If pursuant to the impugned notice, an order under Section 13 (4) of the Securitization Act is passed by the concerned Authority, the petitioners have a remedy of an appeal under Section 17 of the said Act, and when such a remedy of appeal is available to the petitioners, Writ Petition under Article 226 of the Constitution cannot be entertained. The issues raised in this petition can also be 3 raised in the appeal to be filed under Section 17 of the Securitization Act as and when the occasion arises. 8. Hence the petition is rejected. Judge Judge |Hedau|