IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 W.A.No.2082 of 2008 ------------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.5036/2008, DATED15/07/2008 .................... APPELLANTS/PETITIONERS:- ------------------------------------------- 1. M/S.AJITH ASSOCIATES PVT.LTD., 3RD FLOOR, PUTHURAN PLAZA, K.P.C.C.JN., M.G.ROAD, ERNAKULAM, COCHIN-682011, REPRESENTED BY ITS MANAGING DIRECTOR, MR.B.R.AJITH. 2. MR.B.R.AJITH, S/O.K.B.UNNITHAN, RESIDING AT FLAT NO.A & B, SILVER NEST APARTMENT, SILVER SAND ISLANDS, VYTTILA, COCHIN-682016. 3. MRS.DEVI AJITH, W/O.B.R.AJITH, RESIDING AT FLAT NO.A & B, SILVER NEST APARTMENT, SILVER SAND ISLANDS, VYTTILA, COCHIN-682016. 4. M/S.GOOD HOME (P) LTD., VRINDAVAN, DOOR NO.88, OPP.WOMEN'S ASSOCIATION HALL, DIWAN'S ROAD, COCHIN-16, REPRESENTED BY ITS DIRECTOR MRS.DEVI AJITH. BY ADV. SRI.S.R.DAYANANDA PRABHU. RESPONDENTS/RESPONDENTS:- ------------------------------------------------- 1. HOUSING & URBAN DEVELOPMENT CORPORATION LTD. (HUDCO), REP. BY ITS CHAIRMAN & MANAGING DIRECTOR, HUDCO BHAVAN, INDIAN HABITAT CENTRE, LODHI ROAD, NEW DELHI-110003. W.A.NO.2082 OF 2008 - 2 - 2. REGIONAL CHIEF HOUSING & URBAN DEVELOPMENT CORPORATION LTD (HUDCO), REGIONAL OFFICE, 3RD FLOOR, SAPHALYAM, PALAYAM, THIRUVANANTHAPURAM 695034. 3. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, ERNAKULAM. R1 & R2 BY ADV.SRI.T.K.VENUGOPALAN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu,C.J. & A.K.Basheer,J. -------------------------------------------- W.A.No.2082 of 2008 -------------------------------------------- Dated, this the 14th November, 2008 JUDGMENT H.L.Dattu,C.J. After arguing the matter for quite some time, Sri.S.R.Dayananda Prabhu, learned counsel appearing for the appellants, seeks leave of this Court to withdraw the Writ Appeal, with liberty to approach the competent authorities of the 1st respondent-institution for some more relief. (2) Permission sought for is granted and the Writ Appeal is disposed of as withdrawn. (3) However, we reserve liberty to the appellants, if they so desire, to approach the competent authorities of the 1st respondent-institution, for whatever reliefs they want. (4) In view of the orders passed in the Writ Appeal, no orders need be passed in I.A.No.934 of 2008 and the same is, accordingly, closed. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer vku/- Judge