IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 WP(C).No. 9029 of 2010(C) ------------------------- PETITIONER: --------------- JITISH.K.P,S/O.K.P.CHANDRAN, KANCHANA PALACE, PAYYOLI ANGADI PO, QUILANDY(VIA), KOZHIKODE DISTRICT. BY ADV. SMT.K.V.RESHMI RESPONDENT: --------------- ANDHRA BANK, ERNAKULAM BRANCH, M.G.ROAD, ERNAKULAM-682 016, REPRESENTED BY THE CHIEF MANAGER AND AUTHORISED OFFICER. BY ADV. MR. ABRAHAM MATHEW, SC, ANDHRA BANK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 9029 OF 2010 ......................................................................... Dated this the 18th March , 2010 J U D G M E N T The petitioner has approached this Court challenging the steps pursued by the respondent Bank invoking the machinery under the SARFAESI Act. It is stated that because of the failure on the part of the petitioner, the property has already been sold. However, according to the learned Counsel for the petitioner, the sale is still to be confirmed. 2. The learned Standing Counsel appearing for the respondent Bank submits that the sale has already been confirmed in favour of the successful bidder and that the sucessful bidder is not a party to the Writ Petition. 3. In the above facts and circumstances, the learned Counsel for the petitioner sought for permission to withdraw the Writ Petition with liberty to pursue the statutory remedy available before the DRT. Permission sought for is granted. The Writ Petition is dismissed as withdrawn. P.R. RAMACHANDRA MENON, JUDGE. lk