IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4019 of 2011 ----------- 1. M/s Sharma Udyog through its proprietor Shri Shiv Prakash Sharma, House No.22, Chunihari Tola, Upper Gwar Toli, Bhagalpur, P.S. Kotwali, District Bhagalpur. 2. Shiv Prakash Sharma, son of Shri Satya Narayan Sharma, House No. 22, Chunihari Tola, Upper Gwar Toli, Bhagalpur, P.S. Kotwali, District Bhagalpur, Proprietor of M/s Sharma Udog (Borrower) 3. Satya Bhama Sharma, wife of Shri Shiv Prakash Sharma, House No.22, Chunihari Tola, Upper Gwar Toli, Bhagalpur, P.S. Kotwali, District Bhagalpur. (Guarantor). ….. Petitioners Versus 1. The Indian Bank, through its Chief Manager and Authorized Officer, Zonal Office, Govind Bhawan, New Dak Bangala Road, Patna. 2. The Chief Manager and Authorized Officer, Indian Bank, Zonal Office, Govind Bhawan, New Dak Bangala Road, Patna. 3. The Branch Manager, Indian Bank Bhagalpur Branch, at 4 Patal Babu Road, Bhagalpur. …. Respondents -------- For the Petitioners : Mr. Diwakar Upadhyay, Advocate For the Respondents : Dr. Binay Kumar Singh, Advocate ------ 02/ 15.03.2011 Heard learned counsel for the petitioners and learned counsel for the State. 2. This writ petition has been filed by the petitioners challenging the steps taken by the authorities concerned under the provision of section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as `the Act’ for the sake of brevity ). 3. Considering the facts and circumstances of this case, it is quite apparent that there is adequate and appropriate alternative remedy available to the petitioners under the provision of section 17 of the Act and hence there is no occasion for entertaining 2 this writ petition. 4. Accordingly, this writ petition is disposed of with a liberty to the petitioners to file an appeal before the Debt Recovery Tribunal under section 17 of the Act. If such an appeal is filed by the petitioners before the appellate authority 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 pendency of this writ petition and shall decide the appeal on merit in accordance with law expeditiously. If an interim order is sought by the petitioner, he may approach the appellate authority by way of filing an interlocutory application, which, if filed, must be decided expeditiously in accordance with law. The petitioner will also be at liberty to move respondent-Indian Bank for settlement of the dispute and in that case the Indian Bank shall consider the matter sympathetically in accordance with law. MPS/ ( S. N. Hussain, J. )