LPA No. 294 of 2008 (O&M) The Bhatinda Central Coop. Bank Ltd. Bhatinda V. State of Punjab & others Present : Mr. N.S.Bedi, Advocate for the appellant ____ Learned counsel for the appellant submits that the impugned order passed by the learned Single Judge was passed without affording to the appellant bank or his counsel an opportunity of being heard in the matter. An averment to that effect has been made even in para No.2 of the Memo of Appeal. If that were so, the appellant bank could as well have approached the learned Single Judge with a prayer for recall of the order while explaining the absence of the bank or its counsel on the date, the matter was heard and disposed of. The learned Single Judge could then hear the matter afresh for final disposal in case the explanation offered by the appellant was found acceptable. Confronted with that position, Mr. Bedi, learned counsel for the appellant seeks leave to withdraw this appeal reserving liberty for the appellant to file an application for recall of the order before the learned Single Judge. The appeal is accordingly dismissed as withdrawn with the liberty prayed for. (T. S. THAKUR) CHIEF JUSTICE (JASBIR SINGH) December 08, 2008. JUDGE 'ravinder'