HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE G. CHANDRAIAH WRIT PETITION NO. 19777 OF 2010 Between: M/s Padmanaba Traders ..... PETITIONER AND 1. The Presiding Officer, Debt Recovery Tribunal, Visakhapatnam and two others ...RESPONDENTS ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed in the nature of Writ of Certiorari to call for the records in respect of the orders dated 23.9.2009 in S.A.No. 20/2009 on the file of Debts Recovery Tribunal, Visakhapatnam and set aside the same to the extent of permitting the respondents 2 and 3 to issue fresh possession notice. Heard the learned counsel appearing for the petitioner. Without going into the merits of the matter, this Writ Petition is dismissed following the judgment of the Supreme Court in SLP© No. 10145 of 2010 dated 26th July 2010, wherein the Supreme Court held as under: “ It is a matter of serious concern that despite repeated pronouncement of this Court, the High Courts continue to ignore the availability of statutory remedies under the DRT Act and SARFAESI Act and exercise jurisdiction under Article 226 for passing orders which have serious adverse impact on the right of banks and other financial institutions to recover their dues. We hope and trust that in future the High Courts will exercise their discretion in such matters with greater caution, care and circumspection.” Accordingly, the Writ Petition is dismissed. The petitioner is directed to avail the remedy of appeal before the Appellate Forum, Chennai within a period of four weeks from today. It is for the authority to consider the aspect of limitation and pass appropriate orders in accordance with law as expeditiously as possible. There shall be no order as to costs. _______________________ GHULAM MOHAMMED, J _____________________ G. CHANDRAIAH , J DATE: 11.08.2010 KA Note: Furnish copy in three days. ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.