IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 2037 of 2010(D) ------------------------- OA.151/2005 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER: ------------- THRESSIAMMA JOHN, AGED 65, W/O. JOHN, EDAPATTU KAVUNGAL HOUSE, ERUDE, KOODATHIAI.P.O., THAMARASSERY, KOZHIKODE DISTRICT. BY ADV. SRI.M.R.SUDHEENDRAN RESPONDENTS: ----------------- 1. THE RECOVERY OFFICER, OFFICE OF THE RECOVERY OFFICE, DEBTS RECOVERY TRIBUNAL, ERNAKULAM. 2. THE BANK OF INDIA, TRIVANDRUM MAIN BRANCH, THIRUVANANTHAPURAM. R2 BY ADV. SRI.C.A.JOY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Ramachandra Menon, J. ------------------------------------------ W.P.(C) No.2037 of 2010 ------------------------------------------ Dated this the 24th day of February, 2010 JUDGMENT When the matter came up for admission before this Court, the coercive proceedings challenged by the petitioner who is the principal borrower were intercepted on 21.1.2010 subject to the condition that the petitioner deposited a sum of Rs.5 lakhs on or before 31st January, 2010. It was brought to the notice of this Court yesterday by the learned counsel appearing for the Bank that the condition was yet to be complied with and there was no representation for the petitioner. 2. Today, the learned counsel for the petitioner concedes that the condition could not be complied with. However, the petitioner intends to pursue the statutory remedy and accordingly permission is sought for to withdraw the writ petition with the liberty as above. W.P.(C) No.2037 of 2010 - 2 - In the above circumstances, the writ petition is dismissed as withdrawn without expressing anything on the merits. P.R.Ramachandra Menon, Judge vns