IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9860 of 2011 MOSTT. GEETA DEVI @ GEETA DEVI WIFE OF LATE BHAIRO TIWARY, RESIDENT OF VILLAGE SURAUNDHA, P.S. DUMRAON, DISTRICT BUXAR…..PETITIONER. Versus 1. THE CHAIRMAN, STATE BANK OF INDIA, CORPORATE CENTRE, NARIMAN POINT, MUMBAI. 2. THE GENERAL MANAGER, NETWORK-1, STATE BANK OF INDIA, LOCAL HEAD OFFICE, WEST GANDHI MAIDAN, PATNA. 3. THE AUTHORISED OFFICER, STATE BANK OF INDIA IN SARFAESI ACT, DUMRAON, DISTRICT BUXAR. 4. THE REGIONAL MANAGER, STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE, HARKHEN KUMAR JAIN CHERITABLE TRUST BUILDING, HARIJI KA HATA, ARA, DISTT. BHOJPUR. 5. THE BRANCH MANAGER, STATE BANK OF INDIA, DUMRAON, DISTT. BUXAR…..RESPONDENTS. ----------- 03/ 22.07.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging notice dated 25.02.2011 (Annexure-3) issued by the Authorized Officer, State Bank of India, Buxar (respondent no.3) under the provision of 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) and also for directing the respondents to enquire into the matter against the Branch Manager, State Bank of India, Dumraon (respondent no.5) and to fix instalments for the payments to be made for refund of loan by the petitioner. 3. After some arguments learned counsel for the petitioner seeks permission to withdraw this petition with a liberty to file an appeal against the impugned notice before the Debts - 2 - Recovery Tribunal under section 17 of the Act. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty. If the petitioner files an appeal under section 17 of the Act within 15 days from today along with all the requisites and a copy of this order as well as an interlocutory application for condoning the delay raising all the points which she has raised in this writ petition, the authority concerned 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 petitioner requires any interim order she will be at liberty to file an interlocutory application before the appellate authority, who shall decide it and pass necessary orders without any undue delay. Harish (S.N. Hussain, J.)