IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10029 of 2011 DILIP KUMAR, SON OF LATE RAM BABU PRASAD, R/O MOHALLA SAIDPUR, GALI NO.2, P.S. KADAM KUAN, DISTRICT PATNA, PROPRIETOR OF M/S KANCHAN TAILORING, N.P. CENTRE, SHOP NO.6/16, DAK BUNGLOW ROAD, P.S. KOTWALI, PATNA- 800001……………………………………………PETITIONER. Versus 1. THE CENTRAL BANK OF INDIA, REGIONAL OFFICE-B BLOCK, 2ND FLOOR, MOURYA LOK COMPLEX, PATNA. 2. THE REGIONAL MANAGER, CENTRAL BANK OF INDIA, REGIONAL OFFICE-BLOCK, 2ND FLOOR, MOURYA LOK COMPLEX, PATNA. 3. SENIOR BRANCH MANAGER, CENTRAL BANK OF INDIA, NAYA TOLA BRANCH, PATNA. 4. THE AUTHORISED OFFICER, CENTRAL BANK OF INDIA, REGIONAL OFFICE-B BLOCK, 2ND FLOOR, MOURYA LOK COMPLEX, PATNA…………………….RESPONDENTS. For the petitioner : M/s Subodh Kr. Jha and Bidhan Chandra Jha, Advocates. For the Bank : Mr. Ajay Kumar Sinha, Advocate. ----------- 03/ 22.07.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging possession notice dated 28.05.2011 (Annexure-2) issued at the instance of the Authorized Officer of Central Bank of India, Patna under section 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. 3. After some arguments 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 - 2 - section 17 of the Act. Accordingly, this writ petition is disposed of with the aforesaid liberty as withdrawn. However, if such an appeal is filed by the petitioner before the said authority along with all the requisites and a copy of this order as well as an interlocutory application for condoning the delay within 15 days from today, the said authority shall consider the delay caused due to the pendency of this writ petition and shall decide the appeal on merits in accordance with law expeditiously. If any interim order is sought by the petitioner, he will be at liberty to file an interlocutory application before the appellate tribunal, who shall decide it immediately without any undue delay. Harish (S.N. Hussain, J.)