1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Writ Petition No.3455 of 2008 [D.G. Tundalwar & another Vs. UoI & 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. Kadu, Adv., for the petitioners. Mrs. T.D. Khade, AGP for Respondent No.2. ----- CORAM : B.H. MARLAPALLE AND A.H. JOSHI, JJ. DATE : 17th November,2008. Heard Mr. Kadu, the learned counsel for the petitioners, who are brothers of respondent no.5, and the said respondent is the borrower of respondent no.3-Bank. The petitioners' main contention is that the mortgaged property is their own property and the respondent no.5 has no share in the sane. They also claim ignorance of the Mortgage-Deed as such when the loan was borrowed and, therefore, they seek to impugn the action taken under Section 13 (4) of the Securitization 2 & Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 [“The Securitization Act”, for short] as well as the order passed on 15th May, 2008 by the District Collector under Section 14 of the said Act. There is no doubt that the petitioners' contention regarding the exclusive ownership on the mortgaged property and which is a subject- matter of order passed by the District Collector on 15th May, 2008 cannot be considered in a Writ Petition. The learned Counsel for the petitioners, therefore, seeks liberty to approach the appropriate forum, i.e., Civil Court, by filing a Civil Suit, or the Debts Recovery Tribunal by filing an appeal under Section 17 of the Securitization Act. Hence the petition is disposed off by relegating the petitioner to the alternative remedy as noted herein above. The order of status quo granted earlier will continue to operate for a period of four weeks from today. In case an issue of limitation comes up before the Civil Court, or the Debts Recovery Tribunal, the period of pendency of this petition from 21st July, 2008 shall be taken into consideration, and the request for temporary injunction or interim relief, as the case may be, shall be considered on its own merits and without being influenced by the order of status quo granted by 3 this Court. All issues raised on merits in this petition are left open. Judge Judge |Hedau|