IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 RFA.No. 359 of 2007 --------------------------- OS.313/2002 of II ADDL.SUB COURT,KOZHIKODE .................... APPELLANT (S):/PLAINTIFF: ---------------------------------------- P.P. KRISHNA PRABHA, W/O. SURESH CHANDRA, RESIDING AT 4/94, ASARIKANDY, THEKKUVEETTIL LANE, KOZHIKODE. BY ADV. SMT.PRABHA R.MENON SRI.M.KRISHNAKUMAR RESPONDENT(S): DEFENDANTS: ----------------------------------------------- 1. K.M. SURESH BABU, S/O.K.M.BALAKRISHNAN, RESIDING AT DHANYAM, ST. VINCENT COLONY, KOZHIKODE-673 006. 2. SREE SADAN CHIT & FINANCE COMPANY(P)LTD. 14, JAWAHARA BUILDINGS, K.P.K. MENON ROAD, KOZHIKODE, REPRESENTED BY ITS MANAGING DIRECTOR, K.M.SURESH BABU, S/O. K.M.BALAKRISHNAN, RESIDING AT DHANYAM, ST.VICENT COLONY, KOZHIKODE-673 006. R1 BY ADV. SRI.D.KRISHNA PRASAD SRI.D.NARENDRANATH SRI.M.HARISHARMA SMT.O.K.SANTHA R2 BY ADV. SRI.K.MONI. THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & A. M. SHAFFIQUE, JJ. ------------------------------------------------------- R.F.A.No.359 of 2007 & I.A.No.3478 of 2011 & I.A.3477 of 2011 ----------------------------------------- Dated, this the 16th day of November, 2011 J U D G M E N T K.M.Joseph, J. This appeal is filed by an unsuccessful plaintiff in a suit for money. The 2nd respondent company is in liquidation. The appellant relies on Annexure-A which is the proceedings of the Official Liquidator. The appellant prays that she may be permitted to receive the amount due on Ext.A1 and Ext.A2 which is the subject matter of the appeal from the Official Liquidator in terms of Annexure-A notice. 2. We heard the learned counsel for the appellant, learned counsel for the Ist respondent and the learned counsel for the Official Liquidator. 3. Appellant filed I.A.No.3478/2011 praying that she may be permitted to withdraw the appeal. 4. After having heard the learned counsel, we pass the following order: We permit the appellant to prosecute her claim in pursuance of Annexure-A notice. Further, we also allow her to R.f.A.No.359 of 2007 -2- withdraw the appeal. Accordingly, the appeal will stand dismissed as withdrawn. Send back the records to the Sub Court immediately. (K.M.JOSEPH) JUDGE. (A. M. SHAFFIQUE) JUDGE. MS