IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.792 of 2011 In Civil Writ Jurisdiction Case No. 15699 of 2010 ====================================================== Asha Devi wife of Hari Narayan Prasad, resident of Chandra Gokhul Road, P.S. Gopalganj Town, District Gopalganj .... Petitioner/ Appellant/s Versus 1. Punjab National Bank through its Chairman- cum- Managing Director 7, Bikha Ji Cama Place, New Delhi- 110066 2. Zonal Manager, Punjab National Bank Zonal Office, Chanakya Place, R-Block, Patna 3. Regional Manager, Punjab National Bank, Regional Office, Saraiya Ganj, Muzaffarpur 4. Chief Manager-cum- Authorised Officer, SARFAISI Act, Saria Ganj, Muzaffarpur 5. Branch Manager, Punjab National Bank, Gopalgnj Branch, Chandra Gokhula Road, Gopalganj 6. Superintendent of Police, Gopalganj, District Gopalganj .... Respondents/ Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Prabhat Ranjan, Advocate For the Respondent/s : Mr. Kumar Priya Ranjan, Advocate ====================================================== 4 29-08-2011 Heard the parties. The Writ Court has taken into note orders passed in the two writ petitions preferred by the appellant earlier and has granted liberty to the appellant to file an appeal before the Debts Recovery Tribunal under Section 17 of the SARFAISI Act. Learned counsel for the appellant submits that in the peculiar facts of the case this Court should consider the matter on merits and give an opportunity to the appellant to liquidate the entire dues of the Bank within a reasonable period such as one Patna High Court LPA No.792 of 2011 (4) dt.29-08-2011 2 month. However, proceedings pending before the authorities under the Act should be kept stayed in the meantime. Considering the statutory scheme and provision for appeal, we are not persuaded to enter into merits of the case. We, however, add to the observations of the Writ Court by directing the authorities that while considering the appeal, if the appellant makes a reasonable submission to liquidate the dues of the Bank as indicated above, the appellate authority shall consider to pass suitable interim orders to enable him to do so. The appeal is disposed of. sk (Shiva Kirti Singh, J) (Shivaji Pandey, J)