IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4529 of 2011 ----------- 1. Smt. Sunina Devi, wife of Shri Shyam Kishore Singh 2. Dilip Kumar Singh, son of Shri Shyam Kishore Singh Both resident of Muhalla Sidheshwari Nagar, Mainpura, P.S. Patliputra, District Patna … Petitioners Versus 1. State Bank of India, a body corporate constituted under the State Bank of India Act, 1955, through its General Manager, Madam Cama Road, Mumber-400021. 2. The Assistant General Manager, Local Head Office, State Bank of India , West Gandhi Maidan, Patna-800001. 3. The Chief Manager (Compromise & SARFAESI) Authorised Officer, Stressed Assets Resolution Branch, State Bank of India, Administrative Office, 2nd Floor, Patna Main Branch Building, Gandhi Maidan, Patna-1. 4. The Branch Manager, State Bank of India, Personal Banking Branch, S. K. Puri, P.S. S. K. Puri, District Patna ... Respondents ---- For the Petitioners : Mr. Dineshwar Pd. Singh, Advocate For the Bank : Mr. Santosh Kumar Singh, Advocate ------- 04/ 10.05.2011 Heard learned counsel for the petitioners and learned counsel for respondent-State Bank of India and its authorities. 2. This writ petition has been filed by the petitioners challenging demand notice under section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as `the Act’ for the sake of brevity ) dated 04.09.2009 (Annexure 1) as well as possession notice under section 13(4) of the Act dated 17.02.2011 (Annexure 4) and for directing the authorities not to disturb the possession of the petitioners from the house in question. 2 3. After some arguments, learned counsel for the petitioners seeks permission to withdraw this writ petition with liberty to file an appeal before the Debt Recovery Tribunal under the provision of section 17 of the Act. 4. Accordingly, this writ petition is disposed of with the aforesaid liberty. However, if the petitioners file a statutory appeal with requisites under the said provision before the Debt Recovery Tribunal within fifteen days from today along with a copy of this order as well as an interlocutory application for condoning the delay, the appellate authority shall consider the delay caused due to filing of this writ petition and other facts enumerated in the writ petition and shall decide the appeal on merits in accordance with law expeditiously. If the petitioners want an interim relief, they will be at liberty to seek the same by way of filing an interlocutory application before the said authority. MPS/ ( S. N. Hussain, J. )