IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1500 of 2009 1. PRASHANT KISHORE S/O LATE HARENDRA KISHORE SAHAY R/O VILL- CHAKSARDA. P.O.+P.S. FATEHPUR, DISTT. SIWAN ..Appellant Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY DEPTT. OF FINANCE, OLD SECRETARIAT, PATNA 2. THE CENTRAL BANK OF INDIA THROUGH ITS REGIONAL MANAGER CENTRAL BANK OF INDIA'S REGIONAL OFFICE, BLOCK-B 2ND FLOOR, MAURYALOK COMPLEX, DAK BUNGLOW ROAD, PATNA-800001 3. THE BRANCH MANAGER CENTRAL BANK OF INDIA, FRAZER ROAD, PATNA ..Respondents ----------- 3 05-08-2010 Heard learned counsel for the appellant in respect of I.A. No. 7966/2009 wherein a prayer has been made for grant of interim relief to the appellant-writ petitioner during the pendency of this Letters Patent Appeal by restraining the respondents from taking any coercive step against him on a notice date 29-9-2007 which was impugned through writ petition in question. The impugned order under appeal shows that the issue raised before the writ court was of fraud and objection was being taken to appellant being treated as guarantor for the purpose of realization of loan by the principal debtor. In view of allegation of fraud the writ court observed that such a plea should be established in the Civil Court wherein the appellant may appear and pray for injunction etc. 2 Learned counsel for the appellant submits that the matter has to be dealt with under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act for the brevity). In our view, interest of justice requires a clarification/ modification in respect of the order passed by the writ court on 8-10-2009. Accordingly, it is clarified that for establishing his pleas the appellant/ writ petitioner may approach the authorities under the SARFAESI Act. It is further clarified that if there is any further or subsequent development detrimental to the appellant giving him fresh cause of action, he can again move in the matter before the appellate authority under the Act as per provisions under section 17 or through any appropriate proceeding before any court of law. In view of such clarification, no issue survives for decision in this appeal. Hence, it is disposed of finally along with I.A in question. In the interest of justice, it is directed that status quo should be maintained to enable the appellant to move the appropriate authorities in the matter for a 3 period of two weeks from today. It is made clear that no notice has been issued to the respondents in view of nature of the order being only clarificatory and decision is left to the authorities under the Act. BKS/- (Shiva Kirti Singh, J.) (Birendra Prasad Verma, J.)