Usha Devi v. The State Bank Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14782 of 2011 ====================================================== Usha Devi w/o Raj Kumar, resident of Mohalla- Fatehganj, Gurudwara Road, Police Station- Kotwali, District - Gaya .... .... Petitioner

Versus

1. The State Bank of India through its Chairman-cum-Managing Director 8th Floor, State Bank Bhawan, Madam Cama Road, Mumbai

2. The Chairman-cum-Managing Director, State Bank of India 8th Floor, State Bank Bhawan, Madam Cama Road, Mumbai

3. The Regional Manager, State Bank of India, Patna Region, Patna

4. The Branch Manager, S.B.I., A.P. Colony Branch, Gaya

5. Anuj Kumar son of Indradeo Prasad @ Babban Singh, resident of Mohalla- Gurudwara Road, Gaya, Police Station- Kotwali, District - Gaya .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Anil Kumar Singh Mr. Satyendra Pd. Singh, Advocates For the Respondents : Mr. Aditya Sharan Mr. Prabhat Kr. Sharan Mr. Hemant Kr. Sharan, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-03-2016 After some arguments, learned counsel for the petitioner seeks permission to withdraw the writ petition with liberty to avail statutory remedy by way of appeal under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'SARFAESI Act')

2. Permission is accorded. The writ petition accordingly stands dismissed as withdrawn with the aforesaid liberty.

3. It is made clear that in case such an appeal is filed, the appellate authority would have regard to the present

Patna High Court CWJC No.14782 of 2011 (4) dt.08-03-2016 2/2 proceeding being pursued by the petitioner while considering any issue relating to condonation of delay, if applicable. (Vikash Jain, J) B.T/- U