1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. S.B.Civil Writ Petition No.2832/2000 Deep Chand Sharma Vs. The Debt Recovery Tribunal, Jaipur & Ors. Date of order : 25.08.2009 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr. M.K.Sharma for the petitioner. Mr. Ashok Mishra for the respondents. By this writ petition, the petitioner has challenged the order dated 13.03.2000 (Annexure/4) of auction proceedings of debt recovery which has been subsequently confirmed by the Recovery Officer on 17.04.2000 (Annexure/10) after deciding the objection raised by the petitioner. Submission of the counsel for the petitioner is that there was no proper publication of the auction notice and further the intended bidders could not be participated in the auction for the reasons that the Section 144 restriction was imposed on the area. As regard publication is concerned, Annexures-1 and 2 of public auction has been filed by the petitioner and further there is a mention of the order of the Collector for started auctioning, not only one bidder, 134 bidder has given the bids, in which the auction was knocked out jointly in favour of Nisar Ahmed, Salim Ahmed, Siraz Mohammed, Shaukat Ali, Maqbool Ahmed and Hazi Nazir Ahmed for the amount of Rs. 11,76,000/- (Rs. Eleven Lakh Seventy Six thousand only) in respect of confirmation of auction. The sale Certificate was also issued. 2 Counsel for the respondents submits that the auction proceedings are clear as would be evident from the auction proceedings itself and further the Sale Certificate issued in their favour on 27.04.2000 by the Debt Recovery Tribunal and otherwise also against the recovery proceedings initiated under Section 24 to 28, the appeal is provided in Section 30 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993. Notwithstanding contained in Section 25 to 28 (both inclusive), shall be deemed to have been made by the Appellate Tribunal but no such appeal has been filed. Counsel for the petitioner submits that he intends to file an appeal, therefore, I need not to decide the matter on merit and in case the appeal is filed by the petitioner in accordance with law then the Tribunal while counting the limitation exclude the period of pendency of the writ petition and the same shall be decided expeditiously. The writ petition is dismissed on the availability of the alternative remedy without expressing any opinion on merit as indicated above. (PREM SHANKER ASOPA),J. Gandhi H/5