IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17765 of 2009 1. KAMAL NABH NARAIN SINGH S/O LATE HARIBANSH NARAIN SINGH R/O VILL S.D.O. ROAD (SAHJADPUR ANDARKILA), P.S.HAJIPUR TOWN, DISTT-VAISHALI Versus 1. STATE BANK OF INDIA THROUGH ITS BRANCH MANAGER, AGRICULTURE DEVELOPMENT BRANCH HAJIPUR, VAISHALI 2. RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL PATNA 3. JYOTI BHUSHAN SINGH S/O NOT KNOWN R/O CONGRESS MAIDAN, KADAM KUAN, P.S.KADAM KUAN, DISTT-PATNA 4. M/S SUMITRA MILK AND MILK PRODUCTS THROUGH ITS PROPRIETOR TRAYAMBAK NARAIN SINGH R/O VILL S.D.O. ROAD (SAHJADPUR ANDARKILA), P.S.HAJIPUR TOWN, DISTT-VAISHALI ----------- 02. 07.01.2011 Heard learned counsel for the petitioner and learned counsel for the State Bank of India. The petitioner challenges the order of the Recovery Officer passed in Recovery Petition No. 43 of 2007. Learned counsel for the respondents raises a preliminary objection to the remedy of appeal available to the petitioner under Section 30 under the Recovery of Debts due to Banks and Financial Institutions Act 1993 against the order of the Recovery Officer before the Tribunal itself. Learned counsel for the petitioner prays for leave to withdraw the application to avail the alternative statutory remedy. Nothing in the present order shall be construed or be deemed to be any observation on the merits of the claims of the parties which are to be decided by the 2 appellate authority itself in accordance with law. Since the petitioner was bona fide pursuing a remedy which he thought proper, it is expected that any issue of limitation shall be considered in that light appropriately. The application is dismissed as withdrawn with the liberty aforesaid. P.K ( Navin Sinha, J.)