IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7135 of 2010 Haji Md.Babujan Ansari S/o Late Usman Ansari, R/o Village-Atarsua, P.S.-Pachrukhi, District-Siwan. …..Petitioner. Versus 1. Punjab National Bank, Babunia Road, Siwan through its Branch Manager, District Siwan. 2. Debt Recovery Officer, Debt Recovery Tribunal, Boring Canal Road, Patna. 3. Badshah Ahmad S/ Safi Ahmad, R/o Village- Brahampur, P.S.- Zamobazar, Siwan. .….. Respondents. --------- For the petitioner : Mr.Abhinay Raj, Advocate. For the respondent-Bank : Mr. Kumar Priya Ranjan (SC) For respondent no.3 : Mr. Ranjay Kumar Dubey, Advocate. --------- 05/ 02.12.2010 Learned counsel for the petitioner submits that in paragraphs 3, 5 and 6 of the writ petition, respondent no.4 has wrongly been typed although it should have been respondent no.3 in all the aforesaid three paragraphs. He is permitted to make corrections. 2. Heard learned counsel for the petitioner, learned counsel for the Punjab National Bank and its authorities as well as learned counsel for respondent no.3. 3. This writ petition has been filed by the petitioner challenging orders dated 19.02.2004 and 12.05.2009 passed by the Recovery Officer, Debt Recovery Tribunal, Patna in R.P.No.09 of 2003 which was passed under the provision of Section 7 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). 4. After some arguments, learned counsel for the - 2 - petitioner seeks permission to withdraw this writ petition with a liberty to challenge the said order vide the statutory remedy of appeal before the appellate tribunal under the provision of section18 of the SARFAESI Act. 5. Considering the facts and circumstances of the case, this writ petition is disposed of as withdrawn with the aforesaid liberty. If the aforesaid appeal is filed before the tribunal within fifteen days from today along with a copy of this order as well as an interlocutory application for condoning the delay, the appellate tribunal shall consider the delay caused due to the pendency of this writ petition before this court and shall pass order on merits in accordance with law expeditiously, preferably within a period of four months. Sunil (S. N. Hussain, J.)