IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3117 of 2011 Punam Devi, W/o Rajesh Kumar, Prop. M/s Raushan Dal Mill, R/o Village Sakari, P.S.-Arwal, District-Arwal. …….. Petitioner. Versus 1. The Zonal Manager, Bank of India Patna Zone, Chankaya Place, R’ Block, Patna. 2. The Authorised Officer, Bank of India, Zonal Office, Chankaya Place, R’ Block, Patna. 3. The Senior Branch Manager, Bank of India, Arwal Branch, Arwal. 4. The Divisional Manager, National Insurance Company Ltd. Gandhi Maidan, Church Road, Ist Floor, Shanti Market, Gaya. …….. Respondents. For the petitioner : Mr. Birendra Kumar, Advocate. For the Bank : Mr. Ranjit Sinha and Mr. Shantanu Kumar, Advocates. ----------- 3. 01.04.2011 1. Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This petition has been filed by the petitioner challenging the proceeding under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as SARFAESI Act) including the notices under Sections 13(2) and 13(4) issued therein against the petitioner. 3. After some arguments, learned counsel for the petitioner seeks permission to withdraw this petition with liberty to file an appeal under the provision of Section 17 of the Act. 4. Accordingly, this writ petition is disposed of with the aforesaid liberty. If such an appeal is filed by the petitioner within 15 days from today along with a copy of this order as well as an interlocutory application for condoning the delay, the appellate authority, namely, the Debt Recovery Tribunal shall consider the 2 delay due to filing of this writ petition and shall decide the matter on merits in accordance with law expeditiously preferably within a period of four months. The petitioner will be at liberty to raise all the points in the appeal which he has taken in the instant writ petition. If the petitioner wants any interim relief, he will be at liberty to file an interlocutory application in the appeal. Sujit (S.N.Hussain, J.)