IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2699 of 2011 1. Omprakash Gupta S/o Tapeshwar Gupta, 2. Kanchan Gupta W/o Sri Omprakash Gupta Both R/o Colony No.1, Durga Sthan, Katihar, P.S.-Katihar, District- Katihar. …..Petitioners. Versus 1. The General Manager, State Bank of India, Mumbai. 2. The Regional Manager, State Bank of India, Patna. 3. The Chief Manager, State Bank of India, Region-III, Purnia. 4. The Divisional Manager, State Bank of India, Katihar. 5. The Branch Manager, State Bank of India, Shiv Mandir Chauk Branch, Katihar. 6. The District Magistrate, Katihar. 7. The Superintendent of Police, Katihar. 8. The Sub-Divisional Magistrate, Katihar. 9. The State of Bihar. 10. Rakesh Kumar Jha, Sr. Deputy Collector, Katihar. …….Respondents. ----------- For the petitioner : Mr. Satyendra Rai, Advocate. For the respondent-Bank : Dr. Binay Kr. Singh, Advocate. For the State : Mr. Amresh Kumar, A.C. -2 to G.P.-2. --------- 02/ 18.03.2011 Heard learned counsel for the petitioners and learned counsel for the respondents. 2. This writ petition has been filed by the petitioners challenging possession notice dated 06.01.2011 (Annexure-4) issued under the provision of Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the SARFAESI Act’ for the sake of brevity) by the District Magistrate, Katihar. 3. Against such an order, there is an adequate and efficacious remedy of appeal available to the petitioners under - 2 - Section 17 of the SARFAESI Act. In the said circumstances, this writ petition is disposed of with a liberty to the petitioners to file an appeal against the said order before the appellate authority under Section 17 of the SARFAESI Act. If such an appeal is filed 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 filing of this writ petition and shall decide the appeal on merits in accordance with law expeditiously. Sunil (S. N. Hussain, J.)