IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WA.No. 744 of 2009 --------------------------- APPELLANT/PETITIONER ------------------------------------ M/S. PGR DIAMONDS, REP. BY ITS PROPRIETOR, P.G.RAVI, 50 YEARS, S/O. GOPALAN, POOVASSERY HOUSE, P.O.KAIPARAMBU, THRISSUR. BY ADV. SRI.A.F.SEBASTIAN RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. THE AUTHORISED OFFICER UNDER SARFAESI ACT, UCO BANK, ZONAL OFFICE, THIRUVANANTHAPURAM. 2. THE BRANCH MANAGER, UCO BANK, SWARAJ ROUND EAST, THRISSUR. BY STANDING COUNSEL SRI.GEORGE K.VARGHESE THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ C.M.Appln.No.346 of 2009 & W.A.No. 744 of 2009 ------------------------------------------ Dated, this the 27th day of March, 2009 JUDGMENT Kurian Joseph, J. Sri.George K.Varghese, Standing Counsel, takes notice for the respondents. Delay condoned. Writ appeal is admitted and Standing Counsel takes notice. 2. The main contention of the appellant who is the writ petitioner is that his remedy to approach the Debts Recovery Tribunal has been foreclosed by the judgment of the learned Single judge dated 18th November, 2008. Therefore, it is prayed that he may be permitted to withdraw the writ petition itself so that he can pursue the statutory remedy, if any available, before the Debts Recovery Tribunal. We do not think that the course of action as prayed for would in any way cause any prejudice to the respondents and also in view of the submission that the appellant W.A. No.744 of 2009 - 2 - can make all statutory defences, if any, before the Debts Recovery Tribunal. We permit the writ petitioner to withdraw the writ petition. Therefore, we set aside the judgment under appeal and dismiss the writ petition as withdrawn. Writ appeal is disposed of as above. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns