IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.817 of 2011 Binay Kumar Gupta, S/o Late Rameshwar Prasad Gupta, Resident of West Telpa Gandhi Chowk, Chapra, P.S.-Town, Chapra, District-Saran at Chapra. …….Petitioner. Versus 1. The State of Bihar through its Chief Secretary Old Secretariat, Patna (Bihar). 2. The Regional Manager, Punjab National Bank, Saraiyaganj (Pankaj Market), District-Muzaffarpur. 3(i).The Chief Manager, Punjab National Bank Hathwa Market, B.O. Chapra (Bihar). 3(ii) The Authorised Officer, Punjab National Bank, Chapra Branch, Chapra. 4. Damodar Prasad Gupta, S/o Late Sant Lal Sah, proprietor Anpurna Fertilizer Agency, Gandhi Chowk Chapra, District-Saran. 5. Awadhesh Kumar Gupta, 6. Santosh Kumar Gupta, 7. Manoj Kumar Gupta, All sons of Damodar Prasad Gupta, resident of Gandhi Chowk, Chapra, P.S. Chapra, Town, District-Saran at Chapra. ……….Respondents. ----------- For the petitioner : Mr. Nawal Kishore Singh, Advocate. For the Bank : Mr. Mahesh Narain Parbat, Advocate. For the State : Mr. S.C. Verma, A. C. to S. C. -14. ------- 02/ 27.01.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for directing the respondents to take suitable action against respondent nos. 3 and 4 for committing forgery and criminal breach of trust with the petitioner and Punjab National Bank both in giving and taking loan from the Bank and further to quash the notices under Section 13 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter - 2 - referred to as ‘the SARFAESI Act’ for the sake of brevity) issued through the authorised officer of the Bank for confiscation of the undivided landed property of the petitioner along with respondent no.4 for recovery of the loan amount. 3. After some arguments, learned counsel for the petitioner seeks permission to withdraw this petition in order to file an appeal against the impugned order before the Debt Recovery Tribunal under the provision of Section 17 of the SARFAESI Act. 4. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty. However, if the petitioner files an appeal within fifteen days from today before the appropriate authority under Section 17 of the SARFAESI Act along with a copy of this order and an application for condoning the delay, 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. Sunil (S. N. Hussain, J.)