IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2115 of 2009 M/S PRABHA TRADERS Versus THE STATE BANK OF INDIA & ORS 4 28.7.2009 KHAN The petitioner prays for quashing of the notice dated 24.3.2007 issued under section 13(2) of the SARFAESI Act as well as possession notice issued by the respondent Bank under section 13(4) of the aforesaid Act read with Rule 8 of the said Rules. The petitioner submits that the Bank should realize the awarded amount from the Insurance Company instead of this petitioner. The petitioner submits that the respondent Bank in paragraph 9 of its written statement before the District Consumer Forum stated that the Insurance Company should be directed to send the claim amount to the former (Bank) for which the complainant has no objection. The Bank, however, has issued possession notice under section 13(4) of the SARFAESI Act. He further submits that possession has not yet been taken over. It appears that there is statutory appeal under section 17 of the SARFAESI Act against the action taken under section 13(4) of the Act. In view of the aforesaid provision, this court disposes of this writ petition with liberty to the petitioner to file an appeal under section 17 of the SARFAESI Act before the Debt Recovery Tribunal. In order to enable the petitioner to file an appeal, no coercive action would be taken against him for four weeks. (S.P.Singh,J) - 2 -