IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14600 of 2011
1. Rajesh Kumar Bhagat S/O Sri Moti Lal Bhagat, R/O Mohallah-
Kanhauli Gaushala Road,
P.O....M.I.C............................P.S.........Bela.......................District,
Muzaffarpur
2. Arun Kumar Bhagat, S/O Sri Moti Lal Bhagat R/O Mohallah-
Kanhauli Gaushala Road,
P.O....M.I.C............................P.S.........Bela.......................District,
Muzaffarpur...................................Petitioners.
Versus
1. State Bank of India through Regional Manager, State Bank of India
Muzaffarpur
2. Regional Manager, State Bank of India, Muzaffarpur
3. Authorised Officer, State Bank of India, SARC Officer, Mithanpura,
Muzaffarpur.....................Respondents.
For the petitioners : Mr. Pranav Kumar Sharan, Advocate.
For the respondents : M/s Binay Kumar Singh and R.S. Vidyarthi,
Advocates.
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02/ 11.11.2011 Heard learned counsel for the petitioners and learned
counsel for the respondents.
2. This writ petition has been filed by the petitioners
challenging notice dated 13.06.2011 issued by the authority 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).
3. After some arguments learned counsel for the
petitioners seeks permission to withdraw this petition with a liberty to
challenge the impugned order before the appellate authority as
provided in the Act.
4. Accordingly, this writ petition is disposed of as
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withdrawn with the aforesaid liberty to the petitioner. If an appeal is
filed under section 17 of the Act by the petitioners before the appellate
authority, namely the Debts Recovery Tribunal within fifteen days
from today along with a copy of this order and an interlocutory
application for condoning the delay, the appellate 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. If any
interim order is required by the petitioners, they will be at liberty to
file an interlocutory application before the appellate authority, who
shall decide the same immediately.
Harish (S.N.Hussain, J.)