IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13661 of 2010 MANOHAR PRASAD @ MANOHAR PRASAD PATEL S/O LATE ARJUN PRASAD PATEL R/O MOHALLA- BAGMUSA, WARD NO.02 (EARLIER-3), HAJIPUR, P.S.- HAJIPUR, DISTT.- VAISHALI. …..PETITIONER. VERSUS 1. THE PUNJAB NATIONAL BANK THROUGH BRANCH MANAGER, HAJIPUR BRANCH, HAJIPUR. 2. THE BRANCH MANAGER, HAJIPUR BRANCH PUNJAB NATIONAL BANK, HAJIPUR. 3. THE AUTHORISED OFFICER-CUM-CHIEF MANAGER CIRCLE OFFICE, MUZAFFARPUR, PUNJAB NATIONAL BANK AT MUZAFFARPUR. …. RESPONDENTS. ----------- For the petitioner : Mr. Jagdish Prasad Singh, Advocate. For the respondents : Mr. Sharad Kumar Sinha, Advocate. --------- 04/ 26.04.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. This writ petition has been filed by the petitioner challenging demand notice as well as possession notice issued by the respondent- Punjab National Bank under the provisions of Sections 13(2) and 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for the sake of brevity) and for other ancillary reliefs. It transpires from the materials on record that notice under Section 13(2) of the Act was issued to the petitioner, but the petitioner did not file any objection under Section 13(3) (A) of the Act and filed the instant writ petition. It further transpires that during the pendency of this writ petition possession notice was - 2 - also given to the petitioner, whereafter possession was also taken by the respondents-authorities which is apparent from the statements made in I.A.No.7738 of 2010 filed by the petitioner. After some argument, learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to file an appeal before the Debts Recovery Tribunal under Section 17 of the Act. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty. However, if the petitioner files an appeal before the said authority under Section 17 of the Act within fifteen days from today along with a copy of this order as well as an interlocutory application for condoning the delay, the appellate authority shall consider the delay caused due to the pendency of this writ petition and shall decide the case on merit in accordance with law expeditiously. If the petitioner wants any interim relief, he may file an interlocutory application before the said authority who shall decide the same in accordance with law expeditiously. Sunil (S. N. Hussain, J.)