IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 13416 of 2009 Between: 1 M/s Siri Sea Farms Ltd., A Company Incorporated under the Indian Companies Act, and Rep by Managing Director Sri U.Satya Prasad, S/o. Sri U.Venkateswara Rao, aged 54 years, Business, R/o.Vijayawada. 2 U.Satya Prasad, S/o. Sri Venkateswara Rao, Managing Director of 1st Petitioner Company, R/o. Vijayawada. ... PETITIONERS And 1 State of Bank of India, Rep by its Branch manager, Tangaturu Branch, Prakasam District. 2 Gummadi Sarada, Rep by her GPA Holder K.amakeswara Rao, S/o. Lakshmana, R/o. No.201, Prashanthi Apartments, Satavahana Nagar, Eluru. 3 Musunuru Subba rao, S/o. Sri Konaiah, R/o. 40-1-48, Vijayawada. 4 V.R.G.Tilak, S/o. Sri, Krishna Murthy, R/o. G-38, Aruna Apartments, Tilak Real Estates, Red Hills, Hyderabad. 5 Smt. Mandava Bhavani, W/o. Sri M. Gopinath, R/o. Aquem, Margoa, Goa, Kalakoti Prabhakar Reddy, S/o.Late Sri, Venkateswara Rao, AGed 52, R/o. 70-1-28, Vijayawada. 6 Gelli Narsing Rao, R/o.Opp: Hotel jagapathi, Gandhinagar, Vijayawada. 7 Kalakoti Prabhakar Reddy, R/o. B-14 Journalists Colony, Jubilee Hills, Hyderabad. 8 Gummadi Krishna Rao, S/o. Late Sri G.Venateswra Rao, R/o. 70-1-28, Vijayawada. 9 Smt. Gummadi Indira W/o. Krishna Rao, R/o. Vijayawada, Krishna District. 10 Sri Raavi Venkateswa Rao, S/o. Sri Venkata Ramaiah, R/o. Dosapadu Post and Village, Krishna District. 11 The Debts Recovery Tribunal Visakhapatnam, Rep by its Registrar Visakhapatnam. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or direction more in the nature of certiorari or any other appropriate writ calling for the records in IA.No.347/09 IN OA.NO.707/2002 dt. 16-6-2009 on the file of the debt recovery tribunal, visakhapatnam and quash the said order on the ground of being passed without jurisdiction, opposed to the provisions of DRT Act and contrary Act as well as vitiated due to material illegalities, and further direct the 11th respondent tribunal to record the full satisfaction of the recovery certificate issued on 30-4-09 in OA.No.707/02 and further declare that the petitioner and respondents 3 to 7 are also discharged from the liability to pay any amount in pursuance of the recovery certificate in OA.No.707/02. Counsel for the Petitioners :MR.SRINIVAS POLAVARAPU Counsel for the Respondents : MR.DEEPAK BHATTACHARJEE The Court made the following : ORDER: (Per Ghulam Mohammed, J) Aggrieved by the order dated 16.06.2009 passed in I.A.No. 347 of 2009 in O.A.No. 707 of 2002, by the Debt Recovery Tribunal, Visakhapatnam, rejecting to record full satisfaction of the decree, the petitioners filed the present writ petition. Learned counsel for the petitioners submits that the order of the Tribunal is not sustainable under law and the same is liable to be set aside. As against the impugned order an efficacious alternative remedy of appeal is available under section 20 of the Recovery of Debts due to Bank and Financial Institutions Act, 1993, (for short ‘the Act’), we are not inclined to go into the legality or validity of the said order in this writ petition. The petitioners are granted ten days time from today to approach the appropriate authority and avail the remedy of appeal available to them under Section 20 of the Act. Till such time the interim stay granted by this Court shall operate. The writ petition is accordingly disposed of. No costs. _________________________ GHULAM MOHAMMED,J __________________________ VILAS V. AFZULPURKAR 16.07.2009 Note: CC by tomorrow B/o. MD/STP