IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7837 of 2011 Krishna Ji Rice Mill through its Proprietor Mahendra Singh Yadav, son of Sri Ram Janam Singh, resident of village-Nekra, P.O. Muradabad, P.S. Agrer, District- Rohtas. …… Petitioner. Versus 1. The State Bank of India through its Chairman Corporate Centre, State Bank Bhawan, 4th Floor, Madam Cama Road, Mumbai- 400 021. 2. Chairman & Managing Director, State Bank of India 4th Floor, Madam Cama Road, Mumbai- 400 021. 3. Regional Manager, Region-5, the State Bank of India, Administrative Office, HarijiKe Hata, Arah. 4. Branch Manager, State Bank of India, Takiya A.M.Y. Branch, Sasaram, Rohtas. 5. The Authorised Officer, State Bank of India, Takiya A.M.Y. Branch, Sasaram, Rohtas. ……. Respondents. ----------- For the petitioner : Mr. Bajrangi Lal, Advocate. For the respondents : Mr. Alok Kumar Agrawal, Advocate. ------- 05/ 11.07.2011 Heard learned counsel for the petitioner and learned counsel for the respondents- State Bank of India and its authorities. This writ petition has been filed by the petitioner challenging notice 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) and also for a direction to the petitioner to settle the loan in terms of R.B.I. Guidelines and for other ancillary reliefs. Against such a notice, an appeal is provided under Section 17 of the Act and hence learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to approach the Debt Recovery Tribunal under Section 17 of the Act. Accordingly, this writ petition is disposed of as - 2 - withdrawn with the aforesaid liberty to the petitioner. However, if such an appeal is filed by the petitioner before the authority concerned within 15 days from today along with the requisites and a copy of this order as well as an interlocutory application for condoning the delay, the authority shall consider the delay caused due to the pendency of this writ petition and shall decide the appeal on merits in accordance with law expeditiously. The petitioner shall be at liberty to raise all the points in the appeal which he has raised in this writ petition. Sunil (S. N. Hussain, J.)