ORDER IN SPECIAL CIVIL APPLICATION.
The petitioners have taken out present petition seeking below mentioned relief:-
"10B) Your Lordships may be pleased to issue writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction, quashing and setting aside the impugned public notice dated 05/02/2012, annexed at Annexure A, issued by respondent no.3 and 4 herein as well as attachment notice dated 04/07/2011 issued by respondent no.4 and Demand notice dated 18/06/2011 issued by respondent no.3 as the same are highhanded, illegal, arbitrary, unjust, contrary to law and violative of principles of natural justice."
2. It is noticed that appropriate proceedings have been initiated by the Bank against the petitioners for recovery of its dues.
3. Therefore, on the limited ground, viz. availability of alternative remedy against the proceedings, present petition is not entertained. It will be open to the petitioner to take out appropriate proceedings before the Tribunal against the notice which is impugned in present petition. If and when such proceedings are taken out, learned Tribunal will decide the same in accordance with relevant and applicable rules.
3.1 It is clarified that this Court has not examined present petition on merits.
With the aforesaid observations, clarification and direction, present petition stands disposed of.
ORDER IN CIVIL APPLICATION.
In view of disposal of main writ petition, present Civil Application does not survive. Hence, the Civil Application also stands disposed of accordingly.
(K.M.Thaker, J.) kdc Top