IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8990 of 2011 Ashok Kumar, son of late Sudha Ranjan Sahu, resident of Mohalla-Sahu Pokhar, P.S.-Town, District-Muzaffarpur. ….. Petitioner. Versus 1. Allahabad Bank through its Chief Manager, Bihar Region, Patna. 2. Chief Manager-cum-authorized officer, Allahabad Bank, Zonal Office, Ramna, Muzaffarpur. 3. Senior Manager, Allahabad Bank, Main Branch, Muzaffarpur. 4. Branch Manager, Allahabad Bank, Saraiyaganja, Muzaffarpur. …… Respondents. ----------- For the petitioner : M/s Ajit Kumar, Rajeev Ranjan & Bela Singh, Advocates. For the respondents : Mrs. Nilu Agrawal, Advocate. ------- 02/ 24.06.2011 Heard learned counsel for the petitioner and learned counsel for the State. This writ petition has been filed by the petitioner challenging possession notice dated 08.03.2011 issued by the respondent-Bank under the provision of Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for the sake of brevity) and for other ancillary reliefs. After some argument, learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to avail the opportunity of appeal under Section 17 of the Act. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty. However, if the petitioner files an appeal before the said authority within 15 days from today along with a copy of this order as well as an interlocutory application for condoning the delay, the - 2 - appellate authority shall consider the delay caused due to the pendency of this writ petition and shall decide the appeal on merits in accordance with law expeditiously. The petitioner will be at liberty to take all the points in the appeal which he has taken in the instant writ petition. He will also be at liberty to file an interlocutory application in the appeal for interim relief, if required. Sunil (S. N. Hussain, J.)