IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15923 of 2010 ANTESH SINGH S/O SRI RANA MAHESH KUMAR SINGH PROPRIETOR OF M/S MINAPUR COLD STORAGE R/O MOH- AKHARAGHAT, P.O. + P.S.- SHEIKHPUR, DISTT.- MUZAFFARPUR. ….PETITIONER. VERSUS 1. BANK OF BARODA THROUGH ITS CHAIRMAN, NEW DELHI. 2. ZONAL MANAGER, BANK OF BARODA GUINEA MOTORS 5TH FLOOR BORING CANAL ROAD, PATNA- 800001. 3. REGIONAL MANAGER BANK OF BARODA, GUINEA MOTORS 5TH FLOOR BORING CANAL ROAD, PATNA- 800001. 4. BRANCH MANAGER, BANK OF BARODA, UMA NAGAR BRANCH, S.K.M.C.H., MUZAFFARPUR. …..RESPONDENTS. ----------- For the petitioner : Mr. Jai Prakash Verma, Advocate. For the respondents : Mr. Ratnesh Nandan Sinha, Advocate. --------- 04/ 28.02.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for a direction to the respondents-authorities to grant moratorium/grace period for payment of bank loan up till October/ November, 2011 and also for a direction to the respondents not to take any coercive steps on the basis of steps taken under 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) till repayment of loan as per Bank’s schedule/ norm by the petitioner. 3. After some argument, learned counsel for the petitioner seeks permission to withdraw this petition with a liberty to file an appeal under Section 17 of the SARFAESI Act. - 2 - 4. Considering the facts and circumstances of this case, this writ petition is disposed of with the aforesaid liberty. However, if the petitioner files such an appeal 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. The petitioner will also be at liberty to file an interlocutory application for an interim relief before the appellate authority who shall also decide it in accordance with law without any delay. Sunil (S. N. Hussain, J.)