IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 WP(C).No. 32997 of 2010(Y) --------------------------------------- [CMP.NO.9854/2009 OF CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM] .................... PETITIONERS: --------------------- 1. SHAJAHAN. A., AGED 35 YEARS, S/O. ABDUL SALAM, FATHIMA MANZIL, CHATHINAMKULAM, CHANNANATHOPPU P.O., KOLLAM. 2. SHAMLA SHAJAHAN, AGED 28 YEARS, W/O.SHAJAHAN, FATHIMA MANZIL, CHATHINAMKULAM, CHANNANATHOPPU P.O., KOLLAM. BY ADVS. SRI.R.S.KALKURA, SRI.HARISH GOPINATH. RESPONDENTS: ------------------------ 1. THE AUTHORISED OFFICER/CHIEF MANAGER, THE FEDERAL BANK LIMITED, KOLLAM BRANCH, RAVI'S ARCADE, NEAR IRON BRIDGE, KOLLAM-691 013. 2. ADVOCATE AJI RAJAPPAN, ADVOCATE COMMISSIONER, BAR ASSOCIATION, ADVOCATE, KOLLAM-691 013. R1 BY ADVS. SRI.GEORGE VARGHESE (MANACHIRACKEL), SRI.P.R.MILTON. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.32997 of 2010 ------------------------------------------- Dated this the 1st day of December, 2010 J U D G M E N T ---------------------- This writ petition is filed challenging proceedings initiated by the 1st respondent Bank, under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), which is at the stage of the Advocate Commissioner issuing notice for taking over possession of the property, under Section 14(1) of the Act. 2. Learned counsel appearing for the 1st respondent had brought to the notice of this court the fact that the 2nd respondent had already filed WP(C).37649/09 before this court challenging the very same proceedings, and this court had permitted the petitioner to invoke remedies available under Section 17 of the Act. 3. Learned counsel for the petitioner submitted that the fact regarding filing of the above writ petition on an earlier occasion was not revealed by the petitioner and therefore seeks permission to withdraw this writ petition. 4. Permission is granted. Writ petition is accordingly dismissed as withdrawn. C.K.ABDUL REHIM, JUDGE. okb