IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2160 of 2011 1. BIRENDRA KUMAR DIXIT, SON OF RAM CHANDRA DIXIT, RESIDENT OF CHOTHI SARIMPUR(WARD NO.10), P.O./P.S.- BUXAR, DISTRICT- BUXAR. 2. BASANTI DEVI, WIFE OF BIRENDRA KUMAR DIXIT, RESIDENT OF CHOTKI SARIMPUR (WARD NO. 10), P.O./P.S. BUXAR, DISTRICT-BUXAR. …..PETITIONERS VERSUS 1. THE STATE BANK OF INDIA, BUXAR BRANCH, BUXAR THROUGH ITS BRANCH MANAGER. 2. BRANCH MANAGER, STATE BANK OF INDIA, BUXAR BRANCH BUXAR. 3. AUTHORISED OFFICER, STATE BANK OF INDIA, ZONAL OFFICER, REGION-V, ARA ….RESPONDENTS. ---------- 2. 04.03.2011 Heard learned counsel for the petitioners and learned counsel for the respondents. 2. This petition has been filed by the petitioner challenging possession notice issued under 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) by the Respondent Bank. 3. Learned counsel for the petitioner submits that he is ready to pay the money to the respondent-Bank but since the petitioners are old and poor persons having no source of income, they can pay immediately a sum of Rs.1,00,000.00 to the bank and the remaining amount by six equal monthly installments. 4. I am afraid the remedy of the petitioner does not lie under Article 226 of the Constitution of India, rather the petitioner has a very adequate and efficacious remedy to file a statutory appeal against the impugned possession notice by filing an appeal under 2 section 17 of the Act and if such an appeal is filed by the petitioner before the appellate authority within 15 days from today along with a copy of this order as well as an application for condoning the delay the appellant authority shall consider the delay caused due to pendency of this writ petition and shall decide the appeal in accordance with law on its own merits expeditiously. The petitioner, if required, may file an interlocutory application for interim relief before the Appellate Authority which shall be considered in accordance with law. 5. The petitioner has got another alternative remedy to approach the bank itself stating that he is ready to pay 1,00000.00 immediately and the remaining amount by six equal monthly installments and the bank will be at liberty to decide the same in accordance with law expeditiously with specific conditions in respect thereof. 6. With the aforesaid observations, this writ petition stands disposed of. Devendra/ (S.N. Hussain, J.)