IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5999 of 2009 1. M/s Prachi Exim India Ltd., through Managing Director- Amal Kumar Choudhary. 2. Amal Kumar Choudhary, S/O-Chamdra Bhushan Prasad Choudhary. 3. Mahendra Narayan Kumar, S/o-Late Mahivir Kumar. 4. Sanjeev Kumar, S/o-Sri. Mahendra Narayan Kunwar All resident of village-Gouripur, P.S.-Bihpur, District- Bhagalpur. --------Petitioners. Versus 1. The State Bank Of India, through Chairman, Bombay, Nariman Point Mumbai-400021. 2. The General Manager, SBI, Patna. 3. The DGM, Zonal Office, SBI, Bhagalpur. 4. The AGM, (DBD) Main Branch, SBI, Bhagalpur. 5. The Branch Manager (DBD), Main Branch, SBI, Bhagalpur. 6. The Field Officer (DBD), Main Branch, SBI, Bhagalpur. 7. Authorized Officer, State Bank of India, Code No. 10014, RASMECC SARC, Administrative Building, 3rd Floor, Khanjarpur, Bhagalpur-812001. ……..Respondents. ----------- 02. 13.05.2009 The petitioners had come to this Court earlier in C.W.J.C. No. 9527 of 2007 which was allowed by this Court by judgment and order dated 22.01.2008. Respondent State Bank of India preferred Letters Patent Appeal No. 129 of 2008 in which the operation of the judgment under appeal was conditionally stayed by order dated 13.02.2008. During pendency of the Letters Patent Appeal, Bank has taken further action. Petitioner seeks to assail those actions. - 2 - In my view, as the jurisdiction of the Bank to proceed in the matter which includes further action which are now been sought to be taken is to be decided by the Letters Patent Bench. In appeal against judgment of this Court, in my view, the proper remedy for the petitioner as sought for in this writ application would be before the Appellate Bench and not by way of this writ petition as the matter is wholly sub-judice before the Appellate Bench. In view of these, learned counsel for the petitioner very fairly seeks permission to withdraw this writ application to make proper application before the appropriate Bench as he may be advised. Leave is granted. Writ petition is permitted to be withdrawn. Shageer (Navaniti Prasad Singh, J)