IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4244 of 2011 ----------- 1. Surendra Gond, son of Mr. Khublal Gond, resident of village Semara, P.S. Bhore, District Gopalganj 2. Brijhan Sah @ Brijhan Gond, son of late Budhu Sah, resident of village Semara, P.S. Bhore, District Gopalganj …… Petitioners Verus 1. The Canara Bank, through its Chairman cum Managing Director, 112, JC Road, Bangaluru 2. The General Manager, Canara Bank, Bihar, Patna 3. The Senior Manager, Canara Bank Bhore, Branch, Bhore, District Gopalganj 4. The Senior Manager, Recovery & Legal Section, Canara Bank Circle Office, Lovekush Tower, Exhibition Road, Patna 5. The Authorized Officer, Reocvery & Legal Section, Canara Bank Circle Office, Lovekush Tower, Exhibition Road, Patna 6. The Certificate Officer, Gopalganj …. Respondents ------ For the Petitioners : M/s Shashi Bhushan and Santi Kumar Mishra, Advocates For the Respondents : Mr. K. B. Verma, Advocate ------- 06/ 13.05.2011 Heard learned counsel for the petitioners and learned counsel for the respondents. 2. This writ petition has been filed by the petitioners challenging notices under sections 13(2) as well as under section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as `the Act’ for the sake of brevity ) on the ground that prior to the said notices the petitioners had no knowledge or information about any such proceeding. 3. Considering the facts and circumstances of the case as well as the provisions of law, learned counsel for the petitioners seeks permission to withdraw this writ petition with a liberty to file 2 an appeal before the Debt Recovery Tribunal under section 17 of the Act. 4. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty to the petitioners. However, if the petitioners file such an appeal with requisites 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 shall decide the appeal on merits in accordance with law expeditiously. If the petitioners want an interim relief, they may file an interlocutory application before the appellate authority, who shall decide the interlocutory application also in accordance with law without any delay. MPS/ ( S. N. Hussain, J. )