VBC 1 wp8457.11-21.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.8457 OF 2011 M/s.Manoj Mills & Ors. ..Petitioners versus ICICI Bank Ltd. & Anr. ..Respondents. ..... Mr.Ashok Kumar R.Upadhay for the Petitioner. Mr.D.K.Sinha with Mr.Jay Kansara i/b.Vidhii Partners for the Respondents. ..... CORAM : DR.D.Y.CHANDRACHUD & A. A. SAYED, JJ. November 21, 2011. P.C. : The Respondents have taken a measure under Section 13(4) of the Securitisation and Reconsruction of Financial Assets and Enforcement of Security Interest Act, 2002. Since the Petitioners have an alternate remedy under Section 17, we decline to entertain this Petition under Article 226 of the Constitution. The Petition is dismissed leaving it open to the Petitioners to take recourse to that remedy. The Bank has taken symbolic possession of the secured assets on 14 September 2011. To enable the Petitioners to apply for interim relief before the DRT, we direct that the actual possession of the secured assets shall not be taken until VBC 2 wp8457.11-21.11 12 December 2011. In the event that any application for extension of stay is made before the Tribunal, that shall be considered on its own merits without treating the ad-interim direction issued by this Court as a conclusive expression of opinion by this Court. The Petition is rejected. No order as to costs. ( Dr.D.Y.Chandrachud, J.) ( A. A. Sayed, J.)