IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 8109 of 2009 Between: 1 Dr.A.Herbert S/o.Jesudas R/o.Maharaj Peta, Bobbili, Vizianagaram District. 2 Mr.Prem Kishore S/o.A.Herbert R/o.Maharaj Peta, Bobbili, Vizianagaram District. ..... PETITIONER(S) AND 1 The Visakhapatnam Co-operative Bank Ltd., represented by its Executive Officer, Near Kanka Mahalakshmi Temple, Main Road, Visakhapatnam. 2 The Branch Manager, The Visakhapatnam Co-operative Bank Ltd., Bobbili Branch, Bobbili, Vizianagaram District. 3 The Authorised Officer, The Visakhapatnam Co-operative Bank Ltd., Bobbili Branch, Bobbili, Vizianagaram District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue any appropriate order or direction more in the nature of a Writ of Certiorari and set aside the demand notice dt. 07.08.2008 issued by the 3rd respondent to the Petitioner under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcements of Security Interest Act, 2002, read with Rule 3 of the Security Interest (Enforcement) Rules, 2002 calling upon the petitioner to repay the amount of the 5,98,494/- with further interest and the subsequent possession notice dt. 21.01.2009 Under Sec. 13(4) of the Act and Rule 8(1) of security interest (Enforcement) Rules, 2002 subjecting the petitioners house No. 15-3- 419/B, old and New Door No. 44-52, Old Asst No.3903 & New Asst No.5393, 5394 situated at Mabarajupeta of Bobbili Municipality, Vijayanagaram to the charge of 2nd respondent bank for the said amount and declare the same as arbitrary and illegal, and pass. Counsel for the Petitioner: SMT.M.BHASKARA LAKSHMI Counsel for the Respondent No.: The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) The learned counsel appearing for the petitioners submits that the cause in the Writ Petition has been settled out of the Court and seeks permission of this Court to withdraw the same. Permission is accorded. Accordingly, the Writ Petition is dismissed as withdrawn. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ VILAS V. AFZULPURKAR, J Dt. 15.07.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies