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Patna High CourtCWJC/13186/2017disposed

Smt. Renu Devi @ Renu Pandey v. A. N. Sharma, Chief Manager And Authorised Officer, Bank Of India And ANR

2019-08-23Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13186 of 2017 ====================================================== Smt. Renu Devi @ Renu Pandey Wife of Hari Shankar Pandey, Mrs. Ware House, Bachhouta, P.S.-Morkahi, District-Khagaria ... ... Petitioner/s

Versus

1.

A. N. Sharma, Chief Manager and Authorised Officer, Bank of India (Bhagalpur Zone), Devdoot Complex, Radha Rani Singh Road, Adampur Chowk, Bhagalpur.

2.

The Branch Manager, Bank Bank of India, Awadh Complex, Mohalla + P.O. + P.S. + District-Khagaria.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Singh, Advocate For the Respondent/s :

Mr.Sanjay Singh Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-08-2019 After some argument, learned counsel for the petitioner seeks permission to withdraw this Writ Application with liberty to file statutory appeal under Section 18 of the Securitization and Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 (hereinafter referred to as the "SARFAESI Act 2002") before the appellate authority within a period of 30 days from today.

Learned counsel for the Bank has no objection to the petitioner availing here remedy in accordance with law. In the given facts and circumstances of the case, the writ application is being disposed of with liberty to the petitioner to seek her remedy in a statutory appeal within the

Patna High Court CWJC No.13186 of 2017(2) dt.23-08-2019 2/2 aforesaid period of 30 days from the Debts Recovery Appellate Tribunal. If such remedy is applied for the Tribunal shall consider the same on it's own merit and in case a question of limitation arises for consideration the same will be considered keeping in view the time spent by the petitioner before this court in the present writ application.

(Rajeev Ranjan Prasad, J) Rajeev/- U