IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 SP.JC.No. 4 of 2008(R) ---------------------------------- PETITIONER(S): ------------------------- BINU JOHN, AGED 34 YEARS, S/O.M.C.YOHANNAN, PROPRIETOR, JOHN'S CASHEW COMPANY, MUKKODU P.O., KUNDRA, KOLLAM. BY ADVS. MR.S.VASUDEVAN, MR.P.GOPINATH. RESPONDENT(S): --------------------------- 1. THE MAERSK RONNEBY, AT PRESENT BERTHED AT THE PORT OF COCHIN, REPRESENTED BY HER MASTER. 2. THE MANAGER, MAERSK INDIA (P) LTD., AMALGAM HOUSE, SUBRAMANIAM ROAD, WELLINGDON ISLAND, COCHIN. 3. THE CONSERVATOR, COCHIN PORT TRUST, WELLINGDON ISLAND, COCHIN. 4. THE COCHIN PORT TRUST REPRESENTED BY ITS SECRETARY. 5. THE SOUTH INDIAN BANK LTD., KOLLAM. R1 & R2 BY ADV. MR.V.M.SYAM KUMAR R3 & R4 BY MR.B.S.KRISHNAN, SENIOR ADVOCATE,SC, CPT MR.K.ANAND (A.201), SMT.LATHA KRISHNAN. R5 BY ADV.MR. GEORGE VARGHESE, SC, SIB THIS SPECIAL JURISDICTION CASES HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. GIRI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= S.P.J.C. No. 4 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 20th day of August, 2009 JUDGMENT The learned counsel for the petitioner seeks permission to withdraw the case. Permission is granted and this case is dismissed as withdrawn. 2. The learned counsel for the 1st respondent submits that bank guarantee for an amount of Rs.69,16,238/- has been furnished. Since the case is being dismissed as withdrawn, the said bank guarantee may be returned to the 1st respondent. Civil dispute, if any, raised between petitioner and the 1st respondent shall be resolved elsewhere. 3. The learned standing counsel appearing for the Port Trust submits that the Port Trust may be given liberty to release the dues to the Port Trust. That is a matter to be dealt with separately by the Port Trust. This petition is dismissed subject to the above observation. V.GIRI, JUDGE. mn.