IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16320 of 2010 1.NANOSATI ICE & COLD STORAGE PVT. LTD., HAVING ITS OFFICE AT VILLAGE NANOSATI, P.S.MAJHAULIA, DISTRICT WEST CHAMPARAN THROUGH ITS MANAGING DIRECTOR, SUBHAS PRASAD 2.SUBHAS PRASAD, S/O SHRI BAIJNATH PRASAD, RESIDENT OF VILLAGE NANOSATI, P.S. MAJHAULIA, DISTRICT WEST CHAMPARAN- PETITIONERS Versus 1.THE STATE BANK OF INDIA, SECOND FLOOR, PATNA MAIN BUILDING, WEST GANDHI MAIDAN, PATNA-800 001 THROUGH ITS CHIEF MANAGER 2.CHIEF MANAGER 3.GENERAL MANAGER 4.DEPUTY GENERAL MANAGER 5.ASSISTANT MANAGER 6.ESTATE MANAGER ALL 2 TO 6 OFFICERS OF STATE BANK OF INDIA, 2ND FLOOR, PATNA MAIN BUILDING, WEST GANDHI MAIDAN, PATNA-800 001 --RESPONDENT 1ST PARTY 7.THE STATE BANK OF INDIA, BETTIAH BRANCH, BETTIAH, THROUGH ITS BRANCH MANAGER 8.CHIEF MANAGER(RURAL), STATE BANK OF INDIA, REGION-5, MUZAFFARPUR ---- ----- ---RESPONDENT 2ND PARTY ----------- 3. 28.10.2010 Learned counsel for the petitioners has rightly pointed out that the counter affidavit has not been duly verified in terms of the Rules of the High Court. The same is, accordingly, rejected and thus the reply of the petitioners to the same is also of no effect. Learned counsel for the Bank raises a preliminary objection that the writ petition is not maintainable in view of the existence of alternative statutory remedy of appeal, with respect to a notice of possession under Section 13(4) of the SARFAESI Act, under Section 17 of the Act. 2 Learned counsel for the petitioners is unable to meet the said objection except to state that there was a proposal of compromise between the petitioners and the Bank. In view of the existence of alternative remedy, in the facts and circumstances of the case this Court is of the view that this is not a fit case for considering on merits under the writ jurisdiction of this Court. The writ application is, accordingly, dismissed. The petitioners, however, shall have the liberty to approach the statutory appellate authority, if so advised. (Ramesh Kumar Datta,J.) Spal/