IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14274 of 2008 SHIV PRAKASH SHIV, son of Sri Naresh Das, resident of Mohalla Sikandarpur (Harizan Tola), P.O.-Mirajanhat, P.S. Mojahidpur, District Bhagalpur Petitioner Versus 1. The State Bank of India, a Banking Company constituted under the State Bank of India Act, 1955 having its head office at Nariman Point, Mumbai, through its Chairman-cum-Managing Director 2. The Assistant General Manager, State Bank of India, Regional Office, Khajarpur, Bhagalpur, District Bhagalpur 3. The Branch Manager, State Bank of India, Tatarpur Branch, Bhagalpur, District Bhagalpur 4. The Debts Recovery Tribunal Patna, through its presiding Officer Respondents ----------- For the petitioner :- Gautam Kejriwal, Advocate For the State Bank of India :-Kaushlendra Kumar Sinha, Advocate ---------------- 16/- 21.12.2010 Heard learned counsel for the petitioner, learned counsel for the State Bank of India and its authorities. This writ petition has been filed by the petitioner against the steps taken by the respondents with respect to sealing the residential house of the petitioner and his family members challenging the Notice under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and also against the appellate order passed by the Debt Recovery Tribunal under section 17 of the Act. After some arguments, learned counsel for the petitioner seeks permission to withdraw this writ petition with liberty to file an appeal before the appellate tribunal under the provisions of Section 18 of the Act. Considering the facts and circumstances of this case, this writ petition is disposed of as withdrawn with the aforesaid 2 liberty. If the petitioner files the aforesaid appeal under Section 18 of the Act before the appropriate forum along with requisites as well as a copy of this order and an interlocutory application for condoning the delay, the appellate tribunal shall consider the pendency of this writ petition and shall decide the said appeal on merits in accordance with law expeditiously preferably within a period of three months from the date of filing of that application. If the petitioner seeks any interim order with respect to continuation of his possession which was restored in compliance of order of this Court dated 24.09.2008, he may file an interlocutory application before the appellate tribunal for the said interim relief which shall be decided immediately by the appellate tribunal in accordance with law. Ashwini/- (S. N. Hussain, J.)