IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE NOUSHAD ALI WRIT PETITION NO : 9840 of 2009 Between: M.S.B.Kumar ..... PETITIONER AND The Branch Manager, Oriental Bank of Commerce, Governorpet, Vijayawada, Krishna District & 2 Others. .....RESPONDENTS The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No. 9840 OF 2009 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) When the vacate stay petition is taken up for hearing, learned counsel for the petitioner as well as the learned counsel for the respondents argued the main writ petition itself. On decreeing the O.A.No.90 of 2004 by the Debts Recovery Tribunal, Visakhapatnam-3rd respondent herein, on 10.3.20089 a recovery certificate in R.P.No.173 of 2008 was issued for recovery of an amount of Rs.55,80,467/-. Questioning the said recovery certificate, the petitioner earlier invoked the jurisdiction of this Court under Article 226 of Constitution of India by filing W.P.No. 267 of 2009, wherein, this Court stayed the notice for settling the sale proclamation communicated to the petitioner on 6.4.2009 on condition of petitioner depositing a sum of Rs.30.00 lakhs within a period of six weeks from the date of the order i.e. 12.1.2009. Thereafter, the petitioner filed W.P.M.P.No.4366 of 2009 to extend the time and this Court accordingly extended the time for deposit of the amount till 17.4.2009. Later, the petitioner filed another W.P.M.P.No.11336 of 2009 seeking a direction to delete the condition imposed for depositing of the amount or to further extend the time by three months. While the said WPMP is pending, the petitioner filed the present writ petition during the Summer Vacation questioning the sale proclamation communicated to the petitioner on 6.4.2009. This Court by order, dated 6.5.2009 stayed the auction on condition of petitioner depositing a sum of Rs.10.00 lakhs within eight weeks from the date of the order. After obtaining this order, the petitioner withdrew the earlier Writ Petition No.267 of 2009 that was filed questioning the recovery certificate issued in R.P.No.173 of 2008 in O.A.No.90 of 2004. On petitioner withdrawing the earlier Writ Petition No.267 of 2009, the recovery certificate in R.P.No.173 of 2009 in O.A.No.90 of 2004 has become final. Further the petitioner with a view to avoid the conditional order passed in W.P.No.267 of 2009, filed the present writ petition to gain time. As against the sale notice issued by the respondent-Bank, petitioner, if aggrieved, can move the Tribunal by way of an appeal. In view of the effective alternative remedy available to the petitioner, petitioner seeks liberty to move the Debts Recovery Tribunal. The writ petition is accordingly dismissed granting liberty to the petitioner to move the Debts Recovery Tribunal if law permits. The interim stay granted on 16.5.2009 shall stand dissolved. No order as to costs. _________________ (A. GOPAL REDDY, J.) _________________ (NOUSHAD ALI, J.) DECEMBER 21, 2009 TSR