IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8861 of 2011 Shakuntla Devi, W/o Shri Shyam Narayan Thakur, resident of Flat No.- G/3, Ground Floor, Prabhath Apartment, North Shri Krishna Puri, P.S.- Shri Krishna Puri, District-Patna. …….. Petitioner. Versus 1. The Union of India through Regional Manager, Union Bank of India, Patna. 2. A. G. M., Union Bank of India, Zonal Office, Patna. 3. Branch Manager, Nodal Regional Office, Mazhural Haque Path, Patna-1. 4. Branch Manager, Union Bank of India, Boring Road Branch, Patna. 5. Binod Ranjan S/O Sri Gorakhnath Prasad, Resident of Mohanpur, Punaichak, P.S. Shastri Nagar, District-Patna being Proprietor of Swabhumi Communications situated at 102, First Floor Kumar Tower Boring Road, Patna. …… Respondents. ----------- For the petitioner : Mr. Raj Kumar Rajesh, Advocate. For the respondents : Mr. Ajay Kumar Sinha, Advocate. ------------ 03/ 15.07.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. This writ petition has been filed by the petitioner challenging notice dated 19.11.2010 issued by the respondent- Bank 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) calling upon the petitioner to pay the entire amount due otherwise the respondent-Bank will take possession of her assets and for other ancillary reliefs. After some arguments, learned counsel for the petitioner seeks permission to withdraw this writ petition in order to avail the remedy of appeal under Section 17 of the Act before - 2 - the Debt Recovery Tribunal. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty. However, if any appeal is filed by the petitioner within fifteen days from today along with all the requisites and a copy of this order as well as an interlocutory application for condoning the delay, the authority concerned shall consider the delay caused due to the filing of the writ petition and shall decide the appeal on merits in accordance with law expeditiously. Sunil (S. N. Hussain, J.)