IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 14034 of 2005(U) -------------------------- PETITIONER: ------------ SANJAY GUPTA, DOOR NO.41/3089, ST. VINCENT CROSS ROAD,ERNAKULAM. BY ADV. SRI.MATHAI M PAIKADAY(SR.) RESPONDENTS: ------------- 1. THE DEPUTY TAHSILDAR (R.R), ERNAKULAM. 2. THE VILLAGE OFFICER, THRIKKAKKARA VILLAGE. 3. THE KERALA STATE INDUSTRIES DEVELOPMENT CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM. 4. PRIMA INDUSTRIES LTD., 31/536 PRIMA HOUSE, S. KALAMASSERY, COCHIN-682 033 REPRESENTED BY ITS DIRECTOR. R1&2 BY G.P. SMT.SMITHA SUKUMARAN R3 BY ADV. SRI.M.PATHROSE MATTHAI (SR.) SRI.RONY J.PALLATH FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON 23/07/2008 DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF PROMOTIONAL AGREEMENT DT.22.5.1995 BETWEEN THE PETITIONER AND R3. P2: TRUE COPY OF COMMUNICATION RECEIVED FROM BIFR DT.31.1.2005. P3:TRUE COPY OF LETTER DT.23.3.05 SENT BY PETITIONER TO R3 AND ITS ACKNOWLEDGEMENT RECEIPT. P4 SERIES: TRUE COPIES OF NOTICE DT.17.3.05 ISSUED UNDER THE KERALA R.R. ACT AND DT.17.3.05 ISSUED U/S.34 OF THE KERALA R.R. ACT. P5: TRUE COPY OF LETTER DT.3.5.05 OF R4 ADDRESSED TO THE MUMBAI STOCK EXCHANGE. P6: TRUE COPY OF LETTER DT.18.5.05 ADDRESSED TO R4 FROM M/S.PRS ASSOCIATES, COMPANY SECRETARIES. P7: TRUE COPY OF LETTER DT.23.5.05 OF PETITIONER ADDRESSED TO R3. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.14034 of 2005 .................................................................... Dated this the 23rd day of July, 2008. JUDGMENT Even though counsel for the petitioner submitted that he has relinquished vakalath and time should be granted for engagement of another counsel, I do not think there is any need to keep the matter pending because petitioner's objection was against recovery proceedings initiated against him without sale of the shares held by the third respondent. Standing Counsel appearing for the third respondent submitted that appeal filed by the petitioner against interim order dated 30.5.2005 was dismissed. Thereafter shares were sold by the third respondent for a meagre sum compared to the debt amount. In the circumstances, W.P. is closed leaving freedom to respondents 1 to 3 to proceed for recovery. C.N.RAMACHANDRAN NAIR Judge pms