IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18977 of 2010 MANOJ KUMAR S/O SRI BALDEO PRASAD MAHTO, RESIDENT OF MOHALLA GABHTAL, GOLA ROAD NEAR S.K.INDUSTRIES AND GREEN FIELD PRIMARY SCHOOL, DANAPUR, P.S. DANAPUR CANTT., DISTRICT PATNA THROUGH ITS PROPRIETOR M/S MAYANK CHEMICALS, GABHTAL, GOLA ROAD NEAR S.K.INDUSTRIES AND GREEN FIELD PRIMARY SCHOOL, DANAPUR, P.S. DANAPUR CANTT., DISTRICT PATNA -----PETITIONER Versus 1.THE DEBT RECOVERY TRIBUNAL, NEW POLICE LINE, LODIPUR, P.S. BUDDHA COLONY, DISTRICT PATNA THROUGH ITS PRESIDING OFFICER 2.THE PRESIDING OFFICER, DEBT RECOVERY TRIBUNAL, NEW POLICE LINE, LODIPUR, P.S.BUDDHA COLONY, DISTRICT PATNA 3.THE UNION BANK OF INDIA, EXHIBITION ROAD BRANCH, PATNA THROUGH ITS AUTHORISED OFFICER 4.THE PUNJAB NATIONAL BANK, CIRCLE OFFICE, CHANAKYA TOWER R- BLOCK, PATNA THROUGH ITS AUTHORISED OFFICER------RESPONDENTS ----------- 2. 24.11.2010 Learned counsel for the respondent Union Bank of India submits that the writ petition is not maintainable as there is an alternative remedy of appeal against the impugned order dated 21.12.2009 of the Debts Recovery Tribunal, Patna under Section 18 of the SARFAESI Act. In the above circumstance, Mr.Naresh Malhotra, learned Senior counsel for the petitioner appearing along with Mr.Binod Kumar Sinha No.2, learned Advocate on record, seeks permission to withdraw the writ application with liberty to file an appeal before the Debts Recovery Appellate Tribunal. The writ application is accordingly dismissed as withdrawn with the aforesaid liberty. 2 In case, such an appeal is filed within two weeks from today along with an application for condoning the delay in filing the appeal then the appellate Tribunal shall consider the same keeping in view the fact that the petitioner has been pursuing his remedy before this Court. (Ramesh Kumar Datta,J.) Spal/