IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15830 of 2008 Dr.Kunwar Singh, son of Late Rajdeo Singh, resident of 50 Nealgiri Apartment, Alaknanda New Delhi. ……..Petitioner Versus 1. State Bank Of India, having its Central Office at Mumbai and a local Head Office at Judge Court Road, Patna having one of its Branches at Industrial Finance Branch, Patna. 2. The Debt Recovery Tribunal Patna through Registrar through Debt Recovery Tribunal, Patna. 3. The Recovery Officer, Debt Recovery Tribunal Patna. 4. Mr. Naresh Kumar son of not known to the petitioner, at present working as Recovery Officer II at Debt Recovery Tribunal Patna. 5. Aiyaz Ahmad son of Late Iqbal Ahmad resident of 2 B.S.I.B.C. Colony, Boring Road, P.S.-S.K. Puri, District-Patna. 6. Syed Faiz Ahmad son of Late Iqbal Ahmad resident of 2 B.S.I.B.C. Colony, Boring Road, P.S.-S.K.Puri District-Patna. 7. Yashmin Bano, Wife of late Iqbal Ahmad resident of 2 B.S.I.B.C. Colony Boring Road, P.S.-S.K.Puri, District-Patna. 8. M/S Gomati Leather Pvt. Ltd. 2 B.S.I.B.C. Colony, Boring Road, P.S.-S.K. Puri, District-Patna. ………..Respondents. ----------- 03. 10.02.2009 Petitioner is aggrieved by orders dated 11.08.2008 and 26.08.2008 both passed by respondent No. 3 the Recovery Officer, D.R.T., Patna in R.P. Case No. 74 of 2001. In my view these orders are appellable to the Presiding Officer. In view of several disputed questions of facts, it is better if the petitioner prefers an appeal before the Presiding Officer at the first instance which is statutorily available and then seeks his remedies accordingly. In that view of the matter the writ petition is not entertained and is dismissed as such. - 2 - Petitioner’s writ petition was pending in this Court during which limitation for filing appeal has expired. Learned Presiding Officer would consider the same desirability of condoning the delay in the matter and entertain the appeal on merits. Shageer (Navaniti Prasad Singh, J)