Sujit Narayan Prasad, j. - (1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder notice dated 05.12.2018 issued under Section 13(4) of the SARFAESI Act, 2002 has been assailed as also quashing of the order passed by the Deputy Commissioner, Ranchi dated 17.08.2019 in terms of the provision of Section 14(i) (ii) of the SARFAESI Act, 2002. Mr. P.A.S. Pati, learned counsel appearing for the respondent Allahabad Bank has vehemently opposed the maintainability of the writ petition more particularly by referring to the judgment rendered in the case of United Bank of India vs. Satyawati Tandon and Ors. reported in (2010) 8 SCC 110 wherein it has been laid down that after issuance of notice under Section 13(4) of the SARFAESI Act, 2002, the writ court should not interfere. Further submission has been made that here the disputed question of fact about the charge of the property, which according to the petitioner, is of the Union Bank of India but Allahabad Bank is also intending to liquidate the mortgage property against the loan sanctioned by keeping the flat in question as mortgaged property.
(2.) On this, Mr. Afaque Rashidi, learned counsel appearing for the petitioner seeks permission to withdraw this writ petition with liberty to approach before the Debt Recovery Tribunal by filing appropriate application under the provision of SARFAESI Act, 2002.
(3.) If such application would be filed, the Tribunal will decide the issue after providing adequate and sufficient opportunity of hearing to the petitioner.;