IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 W.A.No.854 of 2008 --------------------------------------- AGAINST THE JUDGMENT IN W.P.(C).NO.32177/2007 DATED 31/03/2008 .................... APPELLANTS: PETITIONERS:- ------------------------------------------- 1. M/S.DAVOOD AND COMPANY, DOOR NO.1, DAVOOD CHAMBERS, WEST HILL CHUNGAM, KOZHIKKODE, REPRESENTED BY ITS MANAGING PARTNER DAVOOD. 2. DAVOOD, S/O.ABDU RAHIMANKUTTY, AGED 48 YEARS, PEEDIKA THODIKAYIL, CHERUVATTA, KOZHIKODE. 3. NAJMA, W/O.DAVOOD, AGED 38 YEARS, PEEDIKA THODIKAYIL, CHERUVATTA, KOZHIKKODE. BY ADV. SRI.K.K.CHANDRAN PILLAI RESPONDENTS: RESPONDENTS:- ------------------------------------------------- 1. THE AUTHORISED OFFICER, (UNDER THE SAFRAESI ACT), INDIAN OVERSEAS BANK, REGIONAL OFFICE, M.SONS BUILDING, CHEROOTY ROAD, KOZHIKODE PIN 673 001. W.A.No.854 OF 2008 - 2 - 2. THE INDIAN OVERSEAS BANK, REPRESENTED BY ITS SENIOR MANAGER, CHEROOTY ROAD, KOZHIKODE - 673 001. 3. ABDUL RAHIM, SITHARA COMPLEX, OPPOSITE THALASSERY URBAN CO-OPERATIVE BANK, THALASSERY. 4. DEBTS RECOVERY TRIBUNAL (FOR KERALA AND LAKSHADWEEP), KERALA STATE HOUSING BOARD BUILDING, PANAMPILLY NAGAR, KOCHI - 682 036, REPRESENTED BY ITS PRESIDING OFFICER. R2 BY STANDING COUNSEL SRI.P.B.SURESH KUMAR. R3 BY ADV.SRI.E.S.M. KABEER. R4 BY ASSISTANT SOLICITOR GENERAL OF INDIA SRI.P.PARAMESWARAN NAIR. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.PADMANABHAN NAIR, J. ------------------------------------------ W.A.No.854 of 2008 ------------------------------------------ Dated, this the 11th day of April, 2008 JUDGMENT H.L.Dattu, C.J. After arguing the matter for quite some time and may be knowing the mind of the Court, Sri.K.K.Chandran Pillai, learned counsel appearing for the appellants, seeks leave of the Court to withdraw this writ appeal. Permission sought for is granted and the writ appeal is disposed of as withdrawn. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.PADMANABHAN NAIR) JUDGE vns