03/ 11th April 2011 IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.68 of 2011 NILOTPAL THAKUR, SON OF D.N. THAKUR, R/O MAYA HOUSE, T.N. SINGH ROAD, P.S.KOTWALI, DISTT-BHAGALPUR AND POWER OF ATTORNEY HOLDER OF HIS BROTHER ARUNOTPAL THAKUR…………………..PETITIONER/APPELLANT Versus 1. REGIONAL OFFICER, CANARA BANK, REGIONAL OFFICE, MUZAFFARPUR. 2. AUTHORISED OFFICER, CANARA BANK, REGIONAL OFFICE, MUZAFFARPUR. 3. SENIOR BRANCH MANAGER, CANARA BANK, BHAGALPUR. 4. SWARNA LATA SINHA, W/O DR. ARUN KUMAR SINHA, R/M MASAKCHAK, P.S.ADAMPUR, DISTT- BHAGALPUR………………………....RESPONDENTS ----------- On hearing the parties and on perusal of the impugned order dated 06.12.2010 passed in CWJC No. 12133 of 2007 it is evident that the writ Court has granted liberty to the petitioner to file an appeal before the relevant authority in accordance with the provisions of the SARFAESI Act, 2002 and has further granted relief by observing that if appeal is filed before the appropriate authority within 15 days along with a copy of the writ Court’s order then the application for condoning the delay shall be favourably disposed of and appeal shall be decided on merits in accordance with law. Learned counsel for the Respondent-Bank 2 submits that the property in the name of the petitioner have not been auctioned and the learned writ Court has observed that the writ petition contains a challenge to the action of the Bank only on behalf of the petitioner and not on behalf of his brother Arunotpal Thakur although the petitioner holds the power of attorney on his behalf also. He further submits that after the disposal of the writ petition by the order under appeal as a power of attorney holder petitioner preferred another writ petition in the name of his brother which has been disposed of in similar terms. In the facts and circumstances of the case, we are also in agreement with the writ Court that appellant has statutory remedy available to him before the appellate authority. Hence, this L.P.A. is disposed of. It is expected that that appeal shall be disposed of on merits without any delay preferably within six months. perwez (Shiva Kirti Singh, J.) (Akhilesh Chandra, J.)