IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14600 of 2011 1. Rajesh Kumar Bhagat S/O Sri Moti Lal Bhagat, R/O Mohallah- Kanhauli Gaushala Road, P.O....M.I.C............................P.S.........Bela.......................District, Muzaffarpur 2. Arun Kumar Bhagat, S/O Sri Moti Lal Bhagat R/O Mohallah- Kanhauli Gaushala Road, P.O....M.I.C............................P.S.........Bela.......................District, Muzaffarpur……………………………..Petitioners. Versus 1. State Bank of India through Regional Manager, State Bank of India Muzaffarpur 2. Regional Manager, State Bank of India, Muzaffarpur 3. Authorised Officer, State Bank of India, SARC Officer, Mithanpura, Muzaffarpur…………………Respondents. For the petitioners : Mr. Pranav Kumar Sharan, Advocate. For the respondents : M/s Binay Kumar Singh and R.S. Vidyarthi, Advocates. ---------------------------------- 02/ 11.11.2011 Heard learned counsel for the petitioners and learned counsel for the respondents. 2. This writ petition has been filed by the petitioners challenging notice dated 13.06.2011 issued by the authority 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). 3. After some arguments learned counsel for the petitioners seeks permission to withdraw this petition with a liberty to challenge the impugned order before the appellate authority as provided in the Act. 4. Accordingly, this writ petition is disposed of as - 2 - withdrawn with the aforesaid liberty to the petitioner. If an appeal is filed under section 17 of the Act by the petitioners before the appellate authority, namely the Debts Recovery Tribunal 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 pendency of this writ petition and shall decide the appeal on merits in accordance with law. If any interim order is required by the petitioners, they will be at liberty to file an interlocutory application before the appellate authority, who shall decide the same immediately. Harish (S.N.Hussain, J.)