IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1546 of 2005 BHUNESHWAR SHUKLA, SON OF LATE RAM NAGINA SHUKLA, RESIDENT OF MOHALLA PIPARPATI ROAD, P.S. BUXAR (T), DISTRICT BUXAR….PETITIONER. Versus 1. THE CHAIRMAN, ALLAHABAD BANK, 2, NETAJI SUBHASH CHANDRA ROAD,CALCUTTA-1. 2. THE REGIONAL MANAGER, ALLAHABAD BANK, PATNA. 3. THE BRANCH MANAGER, ALLAHABAD BANK, BUXAR, DISTRICT BUXAR. 4. THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, BIHAR, 396, EAST BORING CANAL ROAD, PATNA……………….RESPONDENTS. For the petitioner : Mr. Nil Kamal, Advocate. For the respondents : Mr. Ajay Kumar Sinha, Advocate. ----------- 02/ 18.01.2011 Heard learned counsel for the petitioner and learned counsel for the respondents Allahabad Bank and its authorities. 2. This writ petition has been filed by the petitioner challenging the entire Recovery Proceeding No.124 of 2000 and notice dated 29.09.2004 (Annexure-1) for proclamation of sale issued by the Presiding Officer of the Debts Recovery Tribunal in Certificate Case No.P.T.No.16 of 2002. 3. Learned counsel for the petitioner submits that the house and properties of the petitioner are going to be auction sold, although it is already under the control and custody of Civil Court, Buxar in Money Suit No.13 of 1987 in which Receiver has been appointed by Subordinate Judge-III, Buxar. Hence, notice dated 29.09.2004 for - 2 - proclamation of sale dated 10.01.2005 is sought to be stayed during the pendency of disposal of Money Suit no.13 of 1987. 4. After some arguments learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to file an appeal against the order of the Debts Recovery Tribunal under section 20 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 before the appellate Tribunal. 5. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty. However, if the petitioner files an appeal under the aforesaid provision of law within thirty days from today along with a copy of this order and an interlocutory application for condoning the delay, the appellate Tribunal shall consider the delay caused due to the pendency of this writ petition and shall decide the appeal on merits in accordance with law. Harish (S.N. Hussain, J.)