IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 35990 of 2009(P) --------------------------------------- PETITIONER(S): ------------------------ PANTHAR ABDUL BASHEER, S/O. KHADER HAJI, PANTHAR HOUSE, MAMPAD.P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. MR.P.SAMSUDIN RESPONDENT(S): ------------------------ 1. THE NILAMBUR CO-OPERATIVE URBAN BANK LTD REPRESENTED BY ITS SECRETARY, NILAMBUR. 2. THE AUTHORISED OFFICER, NILAMBUR CO-OPERATIVE URBAN BANK LTD. NILAMBUR. 3. TH REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 4. ABDUL LATHEEF, S/O. KHADER HAJI, PANTHAR HOUSE, MAMPAD.P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT. PIN-676542. R1 & R2 BY ADV. MR.DEVAPRASANTH P.J., SC R3 BY GOVT. PLEADER MR.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.35990 OF 2009 ------------------------------ Dated this the 14th day of December, 2009 J U D G M E N T ---------------------- 1. Challenge in this writ petition is against proceedings initiated under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Petitioner is now issued with with notice under Section 13(4) of the Act. The petitioner has got an effective remedy by way of appeal as provided under Section 17(1) of the Act. 2. Having confronted with such situation, the petitioner sought permission to withdraw the writ petition without prejudice to his rights to file appeal before the Tribunal concerned. 3. The writ petition is therefore dismissed as withdrawn without prejudice to rights of the petitioner to approach the appellate authority. C.K.ABDUL REHIM, JUDGE. okb