IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2737 of 2011 M/S GULAB COLD STORAGE PVT. LTD, through it’s one of the Directors namely Kalam Khan having power of Attorney given by Board of Director, resident of Village-Chakmanjhan, P.O. Belsand, P.S. Barauli, District-Gopalganj. ……Petitioner. Versus 1. Assistant General Manager, State Bank of India, Stressed Assets Management Branch, 2nd Floor, Patna Main Branch Building, West Gandhi Maidan, Patna. 2. Authorised Officer-cum-Chief Manager, State Bank of India, Gopalganj Branch, District-Gopalganj. 3. State Bank of India, Gopalganj Branch, District-Gopalganj. 4. State Bank of India Stressed Assets Management Branch, Patna. ……Respondents. ----------- For the petitioner : Mr. Mritunjay Pd. Singh, Advocate. For the respondents : Dr. Binay Kumar Singh, Advocate. ---------- 02/ 18.03.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging possession notice dated 14.01.2011 (Annexure-1) issued under the provision of Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the SARFAESI Act’ for the sake of brevity) by the Assistant General Manager, State Bank of India, SAMB, Patna. 3. Against such an order, there is an adequate and efficacious remedy of appeal available to the petitioner under Section 17 of the SARFAESI Act. In the said circumstances, this writ petition is disposed of with a liberty to the petitioner to file an appeal against the said order before the appellate authority under - 2 - Section 17 of the SARFAESI Act. If such an appeal is filed within fifteen days from today 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 the filing of this writ petition and shall decide the appeal on merits in accordance with law expeditiously. Sunil (S. N. Hussain, J.)