IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4693 of 2011 M/S NATH HITECH ENGICONS PVT.LTD. THROUGH ITS DIRECTOR ASHA SHARMA HAVING ITS REGISTERED OFFICE AT 33-A, GIRIRAJ APARTMENT, VIVEKANAND MARG, NORTH SRI KRISHNA PURI, P.S.-S.K.PURI, DISTRICT AND TOWN- PATNA. …………PETITIONER. VERSUS 1. THE AUTHORISED OFFICER, INDIAN BANK, PATNA. 2. INDIAN BANK, PATNA MAIN BRANCH THROUGH ITS SENIOR MANAGER/CHIEF MANAGER, WEST OF GANDHI MADIAN, PATNA. ……….RESPONDENTS ----------- For the petitioner : Mr. Mukundjee, Advocate. For the respondent s : Dr. Binay Kumar Singh, Advocate Mr. Mrityunjay Kumar, Advocate. -------- 03/ 05.05.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging possession notice-cum-auction notice dated 24.02.2011 issued by the authorised officer of the Indian Bank by which the property standing in the name of guarantors of the loan in favour of the petitioner was to be auction sold on 25.03.2011 and also for quashing possession notice dated 23.02.2011 issued by the said authorised officer on behalf the creditor bank. 3. Admittedly the said possession notice was issued 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 against such notice an appeal is specifically provided before the Debt Recovery Tribunal under Section 17 of - 2 - the Act. 4. In the said circumstances, learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to file an appeal under the said provision of law. 5. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty to the petitioner. If such an appeal is filed by the petitioner within fifteen days along with a copy of this order and other requisites as well as an application for condoning delay, the appellate authority shall consider the delay caused due to pendency of this writ petition and shall decide the appeal on merits in accordance with law expeditiously. If the petitioner intends to seek any interim relief, he may file an interlocutory application before the appellate authority for the said purpose which must also be decided in accordance with law expeditiously. Sunil (S. N. Hussain, J.)