IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20646 of 2010 Sanjay Kumar Verma son of Late Brahmdeo Narayan Verma, resident of Village-Mishri Tola, Tekari Road, Patthar Ke Masjit, Police Station- Sultanganj, District-Patna. …….Petitioner. Versus 1. UCO BANK through Zonal Manager, Zonal Office, 4th Floor, Block-A, Mourya Lok Complex, Patna. 2. The Authorised Officer, Zonal Office, 4th Floor, Block-A, Mourya Lok, Patna. 3. The Senior Manager, UCO Bank, Fraser Road Branch, Patna. …….Respondents. ----------- For the petitioner : Mr. Satya Narayan Mishra, Advocate. For the respondents : Mrs. Nilu Agrawal, Advocate Mr. J.K.Sinha, Advocate. --------- 02/ 03.01.2011 Heard learned counsel for the petitioner and learned counsel for the respondents-Bank. 2. This writ petition has been filed by the petitioner challenging notice demanding possession dated 01.12.2010 (Annexure-6) sent by the Authorised Officer of the respondent- Bank vide Ref. No.ZOP/REC/Misc/09-10 by which the petitioner was directed to hand over peaceful possession of the secured assets, namely the entire land and building measuring area 800 Sq. ft. bearing M.S.Plot No.161, Circle No.56, Holding No.106 (Part) (Old) 239/1 (New), Ward No.16/22/39, situated at Mohalla-Mishri Tola, Tekari Road, Police Station-Sultanganj within the district of Patna and for directing the respondents to furnish detail accounts of statement and readjust the E.M.I. for the remaining period of the loan agreement, i.e. up to March, 2015 and to charge interest as per the rate mentioned in the agreement, i.e. 8% per annum and for other ancillary reliefs. - 2 - 3. Against such an order, the petitioner has remedy of appeal under Section 17 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), but without exercising the aforesaid remedy this writ petition has been filed. 4. In the aforesaid facts and circumstances, learned counsel for the petitioner seeks permission to withdraw this writ petition in order to file the aforesaid statutory appeal before the appellate authority. 5. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty. 6. If such an appeal is filed by the petitioner before the said authority along with a copy of this order as well as an interlocutory application for condoning the delay within three weeks, the appellate authority shall consider the delay caused due to filing of this writ petition and shall decide the matter on merits in accordance with law expeditiously. Sunil (S. N. Hussain, J.)