IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13387 of 2011 Bharat Prasad S/O Sri Anant Prasad R/O R/M- Ziray Tamolihi Gali, P.S.- Khajekala, Distt.- Patna ..Petitioner Versus 1. The General Manager State Bankof India, Main Branch, Near Gandhi Maidan, Patna 2. The Assistant General Manager The State Bank Of India, Main Branch, Near Gandhi Maidan, Patna …Respondents ------- For the Petitioner : Mr.Sanjay Kumar @ Manu For the S.B.I. : Mr. Anjani Kumar Mishra, J. C. to Mr. Kaushlendra Kr. Sinha,Advocate. -------- 05/ 25.10.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for directing respondent-authorities to accept the principal amount instalment of C.C. loan sanctioned and granted on 21.10.2055 for Rs.5,00,000.00 (Rupees five lacs ) with a further direction to the respondents to exempt the petitioner from payment of any interest etc. 3. Today a supplementary affidavit has been filed on behalf of the petitioner stating that a proceeding under the provision of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as `the Act’ for the sake of brevity) has been initiated against the petitioner, in which notice under section 13(4) of the Act has been issued on 22.09.2011 (Annexure 2) with a direction to the petitioner to deposit Rs.6,77,393.00. 4. Considering the averments made by learned counsel for the parties and the materials on record, this Court does not find 2 any reason to interfere with the proceeding under the Act, specially when a remedy of appeal has been provided under section 17 of the Act against such notice. 5. In the said circumstances, this writ petition is disposed of with a liberty to the petitioner to file an appeal before the Debt Recovery Tribunal under the provisions of section 17 of the Act. If such an appeal is filed by the petitioner within three weeks from today along with the requisites and 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 in accordance with law expeditiously on merits. If any interim relief is sought by the petitioner, he will be at liberty to file an interlocutory application before the appellate authority, which shall be decided expeditiously. MPS/ ( S. N. Hussain, J.)