IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 7450 of 2009(A) -------------------------------- PETITIONER(S): ------------------- JAIRAJ SEASHORE RESORTS (P) LTD., CUTCHERY WARD, KOLLAM, REP. BY ITS MANAGING DIRECTOR, S.JAYASREE. BY ADVS. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE RESPONDENT(S): -------------------- 1. KERALA STATE CO-OP. BANK LTD., CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM, REP. BY ITS MANAGING DIRECTOR. 2. SENIOR MANAGER, KERALA STATE CO-OP. BANK LTD., KOLLAM BRANCH, KOLLAM. 3. AUTHORIZED OFFICER (REGIONAL MANAGER- IN-CHARGE), THIRUVANANTHAPURAM REGIONAL OFFICE, THIRUVANANTHAPURAM. 4. RESERVE BANK OF INDIA, REP. BY ITS CHIEF GENERAL MANAGER, RESERVE BANK OF INDIA, PARLIAMENT STREET, NEW DELHI. R1 TO R3 BY ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 7450/2009 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SANCTION COMMUNICATION OF THE BANK DATED 21/10/2004. P2: COPY OF THE COMMUNICATION SENT BY THE BANK TO THE PETITIONER DATED 04/02/2006. P3: COPY OF VALUATION REPORT PREPARED BY THE APPROVED VALUER OF THE BANK DATED 17/03/2006. P4: COPY OF VALUATION REPORT PREPARED BY THE APPROVED VALUER OF THE BANK DATED 31/01/2008. P5: COPY OF THE CIRCULAR OF THE RESERVE BANK OF INDIA DATED 02/07/2007. P5(a):COPY OF THE CIRCULAR OF THE RESERVE BANK OF INDIA DATED 27/08/2008. P6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 01/10/2007 P7: COPY OF THE NOTICE ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER DATED 24/12/2007. P8: COPY OF THE REPLY SENT BY THE PETITIONER TO EXHIBIT P7 NOTICE DATED 23/02/2008. P9: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC. NO.11079/2008 DATED 04/04/2008. P10: COPY OF THE COMMUNICATION ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER DATED 19/02/2009. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 7450 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 12th day of July, 2011. J U D G M E N T The learned counsel for the petitioner submits that the petitioner may be permitted to withdraw this writ petition without prejudice to the right of the petitioner to prosecute the appeal filed by the petitioner before the Debt Recovery Tribunal as provided in the statute. Permission is granted and the writ petition is dismissed with the above liberty. Sd/- S. Siri Jagan, Judge. Tds/