IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 27238 of 2008(P) -------------------------- SA.152/2008 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONERS: ---------------------- 1. G.JAYAKUMAR, AGED 54 YEARS, S/O.GOPALA RETHNAM, SOLAR ASSOCIATES, KARUKAKALATHIL BUILDINGS, SANATHANAPURAM, ALAPPUZHA RESIDING AT ANJALI, OPPOSITE TO SRI.DEVI AUDITORIUM, PUNNAPARA P.O., ALAPPUZHA. 2. LATHA, AGED 50 YEARS, W/O.G.JAYAKUMAR, ANJALI, OPPOSITE TO SRI DEVI AUDITORIUM, PUNNAPARA P.O., ALAPPUZHA. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENTS: ------------------------ 1. UNION BANK OF INDIA, ALAPPUZHA BRANCH, KABEER PLAZA, C.C.S.B. ROAD, MULLACKAL ALAPPUZHA REP. BY ITS BRANCH MANAGER. 2. AUTHORISED OFFICER, UNION BANK OF INDIA, ALAPPUZHA BRANCH, KABEER PLAZA, C.C.S.B. ROAD, MULLACKAL, ALAPPUZHA. BY SRI. A.S.P.KURUP, SC, UNION BANK OF INDIA – R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.27238 of 2008-P = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 5th day of September, 2008. JUDGMENT Adv.Sri.A.S.P.Kurup appears for the respondents. Having argued the matter quite elaborately and faced with the situation that Exts.P1 and P2 were issued in December, 2007, the learned counsel for the writ petitioners seeks leave to withdraw this writ petition without prejudice to the securitization application stated to have been filed before the Debts Recovery Tribunal on 1-9- 2008, having regard to the fact that under Ext.P3 the bank has taken only the constructive possession of the property. In the aforesaid circumstances, I do not propose to foreclose the petitioners as regards their contentions in the securitization application. Hence, this writ WP(C)27238/2008 -: 2 :- petition is dismissed as withdrawn without prejudice to the proceedings before the DRT. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/050908