THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO.26200 OF 2011 Dated: 5.11.2011 Between: P. Beema Rao ..Petitioner And 1. The Punjab & Sind Bank and others ..Respondents. This Court made the following: THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO.26200 OF 2011 ORDER Heard both sides. The writ petition is not maintainable in view of the decision of the Supreme Court in United Bank of India Vs. Satyawati Tondon & Others[1]. Even otherwise also the issue raised by the petitioner as a guarantor is covered against him by the decision of the Supreme Court i n Mardia Chemicals Vs. Union of India[2] as well as M/s. Transcore Vs. Union of India & another[3] and appropriate remedy, for the petitioner is to move the Debt Recovery Tribunal under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the Act’), if he is aggrieved by the order passed against him under Section 14 of the Act. The petitioner however has approached this Court, and by order dated 20th September, 2011, while issuing notice before admission, indulgence was shown to the petitioner in view of the facts and circumstances of the case. The learned Counsel for the respondents states that this order also has not been complied with by the petitioner and seeks vacation of the said order. Keeping in view over all facts and circumstances in mind as well as the legal position aforesaid, I deem it appropriate to relegate the petitioner to the proper remedy viz., under section 17 of the Act before the Debt Recovery Tribunal. If the petitioner files any such proceedings within three weeks from today, the Debt Recovery Tribunal shall entertain the same without raising any objection as to limitation and shall deal with the appeal of the petitioner, in accordance with law. The status quo with regard to the schedule property shall be maintained by the Bank for a period of four weeks or till appropriate orders are passed by Debt Recovery Tribunal, whichever is earlier. The petitioner shall be at liberty to make appropriate proposal before the Debt Recovery Tribunal for amicable settlement of the dispute involved including for redelivery of possession of the house property to the petitioner. Any payments made by the petitioner on the loan account shall be given credit to. The writ petition is accordingly disposed of. No costs. ______________________ VILAS V. AFZULPURKAR,J Dated: 5.11.2011 Note: Issue CC by Tuesday B/O Nn THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO.26200 OF 2011 05.11.2011 [1] AIR 2010 SC 3413 [2] AIR 2004 SC 2371 [3] (2008) 1 SCC 125