IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4805 of 2011 M/S RAJ LAXMI POONAM GUPTA THROUGH ITS PROPRIETOR POONAM GUPTA, WIFE OF RAJ KUMAR, RESIDENT OF MOHALLA – QRISTIAN QUARTER BETTIAH, WARD NO.7, POST OFFICE/POLICE STATION-BETTIAH, DISTRICT WEST CHAMPARAN..................................................PETITIONER. Versus 1. ASSISTANT GENERAL MANAGER, STATE BANK OF INDIA, ADMINISTRATIVE OFFICE, BETTIAH, POST OFFICE/POLICE STATION-BETTIAH, DISTRICT WEST CHAMPARAN. 2. STATE BANK OF INDIA THROUGH AUTHORIZED OFFICER, CHIEF MANAGER (RURAL) REGIONAL BUSINESS OFFICE, BETTIAH, POST OFFICE/POLICE STATION-BETTIAH, DISTRICT – WEST CHAMPARAN. 3. THE CHIEF MANAGER A.D.B., STATE BANK OF INDIA, POST OFFICE/POLICE STATION – BETTIAH, DISTRICT WEST CHAMPARAN…………………...RESPONDENTS. For the petitioner : Mr. Shiv Kumar Dwivedy, Advocate. For the respondents : None. ----------- 02/ 04.05.2011 Heard learned counsel for the petitioner. 2. This writ petition has been filed by the petitioner challenging possession notice dated 30.11.2010 issued by the respondents 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. Learned counsel for the petitioner submits that petitioner has already paid substantial amount, but still demand has been raised by the respondents and possession notice has been issued to the petitioner. 4. Considering the facts and circumstances of the case as well as the provisions of law, it is quite apparent that against such orders, an appeal is provided under section 17 of - 2 - the Act before the Debts Recovery Tribunal and the said alternative remedy is proper, adequate and efficacious. Hence this writ petition is disposed of with a liberty to the petitioner to file an appeal under the said provision of law before the said authority. If such an appeal is filed by the petitioner within 15 days from today along with a copy of this order and the other requisites, 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 petitioner, she may file an interlocutory application in the said appeal which will also be decided in accordance with law. Harish (S.N. Hussain, J.)