IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3836 of 2011 1. RAJENDRA PRASAD GUPTA S/O LATE MAHAVIR RAM, RESIDENT OF VILLAGE + P.O.- HARSIDHI, P.S.- HARSIDHI, DISTRICT- EAST CHAMPARAN. 2. SMT. SHEELA GUPTA, W/O SHRI RAJENDRA PRASAD GUPTA, RESIDENT OF VILLAGE + P.O. –HARSIDHI, P.S.- HARISDHI, DISTRICT-EAST CHAMPARAN. ……PETITIONERS. VERSUS 1. THE STATE BANK OF INDIA REPRESENTED THROUGH ITS CHIEF GENERAL MANAGER, BIHAR, PATNA. 2. THE STATE BANK OF INDIA THROUGH STATE BANK OF INDIA-CUM- STRESSED ASSETS MANAGEMENT BRANCH, 2ND FLOOR, PATNA MAIN BRANCH BUILDING, WEST GANDHI MAIDAN, PATNA. 3. THE CHIEF MANAGER-CUM- AUTHORISED OFFICER, STATE BANK OF INDIA, S.A.M.B. 2ND FLOOR, PATNA MAIN BRANCH BUILDING, WEST GANDHI MAIDAN, PATNA. 4. THE CHIEF MANAGER, STATE BANK OF INDIA, COMMERCIAL BRANCH, PATLIPUTRA, PATNA. ……RESPONDENTS. ----------- 02/ 01.03.2011 Heard learned counsel for the petitioners and learned counsel for the respondents. 2. This petition has been filed by the petitioners challenging auction notice published on 30.01.2011 (Annexure-3) under the signature of Chief Manager cum- Authorised Officer, State Bank of India, Patna Main Branch (respondent no.3) and for other ancillary reliefs. 3. From the arguments of learned counsel for the parties as well as from the materials on record it appears that steps under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the SARFAESI Act’ for the sake of brevity) has already been taken by the authorities concerned. - 2 - 4. In the said circumstances, this writ petition is disposed of with a liberty to the petitioners to file an appeal under Section 17 of the SARFAESI Act raising all the points taken by them in the instant writ petition. However, if such an appeal is filed 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 the filing of this writ petition and shall decide the appeal on merits in accordance with law expeditiously. The petitioners will also be at liberty to file an interlocutory application for any interim relief, if required, and the appellate authority shall decide the same expeditiously. 5. Any step taken by the authorities in the meantime shall be subject to the result of the appeal. Sunil (S. N. Hussain, J.)