IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1244 of 2006 MD.YUSUF KHAN son of late Abdul Wahid Khan and proprietor of M/s Bihar Traders, Mehsaul Road, Old Bus Stand, Sitamarhi. Versus 1. THE STATE OF BIHAR. 2. The Authorized Officer,Canara Bank, Sitamarhi, P.S.Sitamarhi,District- Sitamarhi. 3. The Oriental Insurance Company Ltd. through its authorized signatory having its registered office at Oriental House P.B.No. 7037,A-25/27, Asaf Ali Road, New Delhi-110002. ----------- For the Petitioner : Mr. Pramod Rajpati For the respondents : Mr. R.K.P.Singh 5 21.10.2008 Petitioner had taken loan from the respondent- Canara Bank for his fertilizer and Kirana business. He stopped operating the account and thereafter the Bank having failed to persuade the petitioner to repay the loan initiated proceedings under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act( hereinafter referred to as the ‘ SARFASI ACT’) by issuance of notice under Section 13(2) of the said Act. Petitioner denied his liability and notwithstanding that the Bank proceeded in terms of Section 13(4) of the Act. Petitioner challenged the action of the Bank before this Court inter alia on the ground that the stock and the premises of the petitioner was secured by Shop Keeper Insurance policy and the entire stock therein had got damaged because of flood. The claim not having been settled, the petitioner could not be expected to repay the loan of the Bank. Bank has appeared and filed a counter affidavit. In view of the pleadings of the parties, facts are in - 2 - serious controversy, which this Court is ill equipped to resolve in this jurisdiction. Face this situation, learned counsel for the petitioner seeks permission to withdraw this application to avail such remedy that may be available to him. He prays that remedy may have become barred by limitation. This Court can only observe that if the petitioner moves any authority, while considering the question of limitation, the authority would take into account the pendency of this writ petition before this Court for over last two years and take an appropriate decision in the light thereof. With these observations and directions, this writ petition is permitted to be withdrawn. SINGH (Navaniti Prasad Singh)