IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2285 of 2011 Raju Lal son of Late Chutai Lal, Resident of Raj Jai Krishna Road, Adarsh Colony Mitan Ghat, Patna City, Patna. ……..Petitioner. Versus 1. THE L.I.C. HOUSING FINANCE LTD through it’s Managing Director, Head office, New Delhi. 2. The Regional Manager, THE L.I.C. HOUSING FINANCE LTD, Jeevan Prakash 2nd Floor, Fraser Road, Patna. 3. The Divisional Manager, THE L.I.C. HOUSING FINANCE LTD, Jeevan Prakash 2nd Floor, Fraser Road, Patna. 4. The Branch Manager, THE L.I.C. HOUSING FINANCE LTD, Jeevan Prakash 2nd Floor, Fraser Road, Patna. …..Respondents. ----------- For the petitioner : Mr. Manoj Kumar, Advocate. For the respondents : M/s. Rajeev Ranjan Prasad & Prakash Ch. Jha, Advocates. ----------- 03/ 15.03.2011 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 05.01.2011 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 Authorised Officer, L.I.C. Housing Finance Ltd. 3. From the facts and circumstances of the case as well as from the provisions of law, it is quite apparent that Section 17 of the SARFAESI Act is provided for appeals against such orders and the said remedy is the appropriate and adequate alternative remedy which the petitioner has to avail. 4. In the said circumstances, this writ petition is - 2 - disposed of with a liberty to the petitioner to file an appeal before the Debt Recovery Tribunal under Section 17 of the SARFAESI Act against the impugned order. If such an appeal is filed by the petitioner within fifteen days from today along with a copy of this order and 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. Furthermore, if the petitioner wants any interim relief, he may approach the appellate authority by way of filing an interlocutory application for the said purpose. Sunil (S. N. Hussain, J.)