IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.695 of 2010 AMRENDRA KUMAR SINGH S/O SRI RAM NARESH SINGH R/O BUNDEL TOLI, PS-MALSALAMI DISTT- PATNA ------------------------PETITIONER Versus 1. STATE BANK OF BIKANER & JAIPUR, FRASER ROAD BRANCH, PATNA REPRESENTED THROUGH ITS MANAGER. 2. BRANCH MANAGER, STATE BANK OF BIKANER & JAIPUR, FRASER ROAD BRANCH, PATNA. 3. REGIONAL MANAGERS STATE BANK OF BIKANER & JAIPUR, REGIONAL OFFICE AT ABHAY BHAWAN, FRASER ROAD,PATNA----- ------------------------------------RESPONDENTS ----------- For the Petitioner: Mr. Tilak Sao, Advocate For the Respondents:Mrs. Nilu Agrawal, Advcoate ---------- 4 12.3.2010 When the matter was heard on 13.1.2010 there was no representation on behalf of the respondent Bank. Notices came to be issued and order of status quo with regard to the house in question was passed. Thereafter the respondents have appeared and filed their counter affidavit as well as the I.A. No. 1712 of 2010 for vacation the order of stay. A prayer is made that the case be listed under the heading for admission. Submission of learned counsel for the petitioner is that he has taken steps for repayment and some payments have already been made. With regard to other balance amount he is willing to settle the dispute with the respondent at the shortest possible time. In view of the stated position a prayer is made that the auction should not be held or carried out. Besides the other submission made on the merits of the matter the stand of the Bank is that the case has been taken after issuance of the notice to the petitioner under section 13(2) of the Act. Non response on the issue and non-payment a notice - 2 - under section 13(4) of the Act for possession of the house in question has come to be issued. The admitted position is that under the law the petitioner has remedy before the Debt Recovery Tribunal which is also accepted by learned counsel for the petitioner. In view of above this writ application is disposed of with liberty to petitioner to pursue the remedy under law before the forum prescribed in this regard. The order of stay stands vacated. RPS (Ajay Kumar Tripathi,J.)