1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Writ Petition No.4621 of 2008 [Sau. M.M. Waghmare & another Vs. State of Mah. & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. S.J. Khandalkar, Adv., for the petitioners. Mr. O.D. Kakde, AGP for respondent nos. 1 and 2. ----- CORAM : B.H. MARLAPALLE AND A.H. JOSHI, JJ. DATE : 20th October,2008. Heard Mr. S.J. Khandalkar, learned counsel for the petitioners who are husband and wife. The petitioner no.1 has suffered an order passed on 24th September, 2007 under Section 13 (4) of the Securitisation & Re- construction of Financial Assets and Enforcement of Security Interest Act, 2002. Subsequently on 29th September, 2008, the respondent no.3 – Bank's Authorized Officer issued a letter addressed to the petitioner no.1 calling upon her to hand over the subject – immovable property and hence this petition under 2 Article 226 of the Constitution. Admittedly, the impugned order is appealable under Section 17 of the said Act, and when such a remedy of appeal is available under the special statute, a Writ Petition under Article 226 of the Constitution of India cannot be maintained. Petition is, therefore, rejected with liberty to the petitioners to approach the Debts Recovery Tribunal. Judge Judge |Hedau|