IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.317 of 2010 M/S RAM GANGA CHEMICALS PVT.LTD., a company incorporated under the Companies Act, 1956 having its Registered Office at Neeva Mention, Jamal Road, Patna through its Director Smt. Rita Devi wife of Sri Ashok Kumar Yadav, resident of behind of SBI Colony, Digha, District Patna -800011 ...Petitioner/ Appellant Versus 1. THE STATE BANK OF INDIA having its corporate office, Nariman Point, Madam Cama Road, Mumbai, through its Chairman –cum-Managing Director 2. The Chairman-cum-Managing Director, State Bank of India, Mumbai 3. The Chief Manager, the State Bank of India, Specialised Commercial Branch, Dak Bungalow Road, Patna – 800001 4. The Union of India through the Recovery Officer, Debts Recovery Tribunal, East Boring Canal Road, Patna 5. The Registrar, Debits Recovery Tribunal, East Boring Canal Road, Patna .............. Respondents/Respondents ----------- 02- 11/2/2011 Heard Mr. Gautam Kejriwal for the appellant, and Mr. Neeraj Kumar Sinha for the State Bank of India and its functionaries. This appeal under clause 10 of the Letters Patent of the High Court of Judicature of Patna has been preferred by the petitioner of CWJC No. 14153 of 2009 and is directed against the order dated 11.1.2010, whereby the writ petition has been dismissed on the ground that the petitioner should exhaust the statutory remedies available to him in law. Learned counsel for the appellants, inter alia, submits that the learned single Judge has made observations on the merits of the matter which may operate to his 2 prejudice before the appellate authority. 2. We agree with the order of the learned single Judge, whereby the writ petitioner has been directed to avail of the statutory remedies available to him in law. We, however, clarify under section 20 of the Debt Recovery Tribunal Act that any observation made by the learned single Judge on the merits of the case shall be completely ignored by the Tribunal having been made for the limited purpose to determine the question whether or not the writ petitioner ought to have availed of the statutory remedies. The question of limitation, if any, shall not come in the appellant’s way, and the same may be disposed of on merits if the appeal is lodged before the Tribunal within a period of two weeks from today. 3. This appeal is accordingly disposed of with the liberty to prefer the appeal. ( S K Katriar ) ( S P Singh ) mrl